Journal of the Senate of the State of Georgia regular session 2000 volume one, commenced at Atlanta, Georgia, Monday, January 10, 2000 and adjourned, Wednesday, March 22, 2000

Compiler's Note
The Journal of the Senate for the regular session of 2000 is bound in two separate volumes. Volume One contains January 10, 2000 through March 14, 2000. Volume Two contains March 15, 2000 through March 22, 2000 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 2000
VOLUME ONE
Commenced at Atlanta, Georgia, Monday, January 10, 2000 and adjourned Wednesday, March 22, 2000 Printed on Recycled Paper

OFFICERS
OF THE
STATE SENATE
2000
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

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

Senators

District

Address

Don Balfour (R) ........................... 9 ........... Snellville Peg Blitch (D) ............................ 7 ........... Homerville Rooney L. Bowen (D) ....................... 13 ........... Cordele Paul C. Broun (D) ......................... 46 ........... Athens Robert Brown (D) .......................... 26 ........... Macon B. Joseph "Joey" Brush, Jr. (R) ........... 24 ........... Appling Joe Burton (R) ............................ 5 ........... Atlanta Gloria S. Butler (D) ...................... 55 ........... Clarkston Susan W. Cable (R) ........................ 27 ........... Macon Casey Cagle (R) ........................... 49 ........... Gainesville Don Cheeks (D) ............................ 23 ........... Augusta Mike Crotts (R) ........................... 17 ........... Conyers Nathan Dean (D) ........................... 31 ........... Rockmart Michael J. Egan (R) ....................... 40 ........... Atlanta Vincent D. Fort (D) ....................... 39 ........... Atlanta Hugh M. Gillis, Sr. (D) ................... 20 ........... Soperton J. Phillip (Phil) Gingrey (R) ............. 37 ........... Marietta Tim Golden (D) ............................ 8 ........... Valdosta A. C.(Bob) Guhl (R) ....................... 45 ........... Social Circle Bill Hamrick R)............................ 30 ........... Carrollton Ed Harbison (D) ........................... 15 ........... Columbus Greg Hecht (D) ............................ 34 ........... Jonesboro Jack Hill (D) ............................. 4 ........... Reidsville George Hooks (D) .......................... 14 ........... Americus Waymond "Sonny" Huggins (D) ............... 53 ........... LaFayette Carol Jackson (D) ......................... 50 ........... Cleveland Donzella J. James (D) ..................... 35 ........... College Park Eric Johnson (R) .......................... 1 ........... Savannah Rene' D. Kemp (D) ......................... 3 ........... Hinesville Bart Ladd (R) ............................. 41 ........... Doraville Robert Lamutt (R) ......................... 21 ........... Marietta Clay Land (R) ............................. 16 ........... Columbus Daniel W. Lee (D) ......................... 29 ........... LaGrange Eddie Madden (D) .......................... 47 ........... Elberton Richard O. Marable (D) .................... 52 ........... Rome Michael S. Meyer von Bremen (D) ........... 12 ........... Albany Sonny Perdue (R) .......................... 18 ........... Bonaire Mike Polak (D) ............................ 42 ........... Atlanta Rick Price (R) ............................ 28 ........... Fayetteville Thomas E. Price (R) ....................... 56 ........... Roswell Harold J. Ragan (D) ....................... 11 ........... Cairo

Billy Ray (R) ............................. 48 ........... Lawrenceville Sam P. Roberts (R) (Deceased).............. 30 ........... Douglasville David Scott (D) ........................... 36 ........... Atlanta Faye Smith (D) ............................ 25 ........... Milledgeville Terrell Starr (D) ......................... 44 ........... Forest Park Bill Stephens (R) ......................... 51 ........... Canton Connie Stokes (D) ......................... 43 ........... Decatur Van Streat, Sr. (D) ....................... 19 ........... Nicholls Charlie Tanksley (R) ...................... 32 ........... Marietta Horacena Tate (D) ......................... 38 ........... Atlanta Don R. Thomas (R) ......................... 54 ........... Dalton Nadine Thomas (D) ......................... 10 ........... Ellenwood Regina Thomas (D) ......................... 2 ........... Savannah Steve Thompson (D) ........................ 33 ........... Powder Springs Charles W. Walker (D) ..................... 22 ........... Augusta Tommie Williams (R) ....................... 6 ........... Lyons

Monday, January 10, 2000

1

Senate Chamber, Atlanta, Georgia Monday, January 10, 2000 First Legislative Day

The Senators of the General Assembly of Georgia for the years 1999-2000 met pursuant to law in regular session in the Senate Chamber at 10:00 a.m. this day and were called to order by Lieutenant Governor Mark Taylor, President of the Senate.

The roll was called and the following Senators answered to their names:

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

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

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

A roll of former Senators, who were attending today for a millennium celebration, was called and the following

answered to their names:

Last name

First name

Last yr.

Dist.

Albert

Frank

1992

23

Allgood

Thomas

1990

22

Ballew

R. K.

1966

50

Banks

Peter L.

1978

17

Bateman

Oliver C.

1972

27

Bentley

Fred, Sr.

1958

39

Black

John

1996

53

Brantley .

Haskew, Jr.

1986

56

Clay

Charles C.

1998

37

Cleland

Max

1974

55

Coggin

Frank E.

1984

35

Coleman

J. Tom, Jr.

1994

1

Collins

Michael A., Sr.

1992

17

Conway

H. McKinley, Jr.

1968

41

Crumbley

Alex

1988

17

Day

Clint M.

1996

48

Downing

Frank

1966

1

Edge

Arthur B.

1996

28

Eldridge

Frank, Jr.

1982

7

English

Bill

1992

21

Farrow

Stephen B.

1996

54

Fincher

Dan

1982

52

Foster

Roy G., Jr.

1966

21

2
Fuqua Garrard Gillis Greene Griffin Hammill Harris Hasty Hemmer Henson Hill Horton Hudgins Isakson Jernigan Johnson Johnson Johnson Kendrick Kilpatrick Lambert Land Lester Lewis Littlefield McWhorter Olmstead Paulk Patton Peevy Perry Phillips Pollard Ragan Ralston Ray Reddish Robinson Robinson Rowan Sanders Scott Sells Skene Slotin Smalley Spinks Steinberg Stumbaugh Tate Thompson Traylor Tribble Trotter Tysinger Walker

JOURNAL OF THE SENATE

J. B.

1964

22

Ed

1976

37

Jim, Jr.

1946

16

Richard L.

1986

26

Floyd L., Jr.

1998

25

R. Joseph

1992

3

W.F.

1992

27

W.G., Sr.

1992

51

Jane

1994

49

Stephen B.

1998

55

Render

1984

29

Janice

1986

17

Floyd

1988

15

Johnny

1995

21

Wallace L.

1960

5

Don

1992

47

Ed

1980

34

Leroy R.

1974

38

Ed

1966

32

Kenneth

1968

44

E. Roy

1962

28

Ted

1990

16

James L.

1984

23

Preston B., Jr.

1976

21

Richard W.

1983

6

Hamilton, Jr.

1962

50

Tommy C.

1991

26

James L.

1980

13

Earl E., Jr.

1972

40

Donn M.

1990

48

Ed

1992

7

J. Taylor

1964

27

G.B., Jake, Jr.

1996

24

Hugh

1994

32

David

1998

51

Walter

1996

19

Riley

1986

6

Lee

1982

27

Miller Peterson

1994

16

Robert A.

1974

8

Carl

1962

18

Thomas

1984

43

Jackson J., Jr.

1968

37

George N.

1974

27

Ronald

1996

39

Robert

1974

28

Ford Belmont

1971

9

Cathey W.

1992

42

Lawrence

1990

55

Horace E.

1992

38

Fletcher

1966

34

Mell

1978

3

Joe

1966

3

William Howard

1958

37

James W.

1998

41

Eugene

1992

43

Monday, January 10, 2000

3

Walling

Robert H.

1972

42

Warren

George T., II

1976

43

Wesberry

James P., Jr.

1967

37

Wessels

Charles H.

1982

2

Yancey

Kyle

1966

33

Zipperer

Edward H.

1974

3

The Lieutenant Governor introduced the following :
Former Lieutenant Governor Pierre Howard Former Governor and Lieutenant Governor Zell Miller Former Governor and Lieutenant Governor Lester Maddox Former Supreme Court Justice and Lieutenant Governor George T. Smith Former Governor and Lieutenant Governor Earnest Vandiver Governor Roy Barnes United States Senator Max Cleland United States Congressman Johnny Isakson Former Secretary of the Senate Hamilton McWhorter, Jr.
The members pledged allegiance to the flag.
Prayer was offered by Reverend Cliff Barrows of Billy Graham Ministries.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 743.

By Representative Walker of the 141st: A resolution to notify the Senate that the House of Representatives has convened.

The Speaker has appointed as a Committee of Escort on the part of the House the following members:
Representatives Smyre of the 136th, Walker of the 141st, Skipper of the 137th, Williams of the 114th, Whitaker of the 7th, Coleman of the 142nd and Ashe of the 46th.
The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 744.

By Representatives Walker of the 141st, Murphy of the 18th and Skipper of the 137th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session.

The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Morris of the 155th, Houston of the 166th, Hugley of the 133rd, Wix of the 33rd, Stallings of the 100th, Ray of the 128th, Jamieson of the 22nd and Squires of the 78th.

4

JOURNAL OF THE SENATE

HR 745.

By Representatives Walker of the 141st, Murphy of the 18th and Skipper of the 137th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session.

The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Smith of the 109th, Byrd of the 170th, Dukes of the 161st, Sinkfield of the 57th, Reece of the 11th, Snow of the 2nd, Anderson of the 116th and Sholar of the 179th.

HR 746.

By Representatives Walker of the 141st, Murphy of the 18th and Skipper of the 137th:

A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 520.

By Representatives West of the 101st, Stallings of the 100th, Bridges of the 9th and others:

A bill to amend Code Section 32-6-29 of the Official Code of Georgia Annotated, relating to law enforcement functions of the Department of Transportation, so as to provide that the commissioner shall authorize enforcement officers of the department to make use of drug detection dogs; to provide for enforcement powers of such officers with respect to unlawful drugs and controlled substances.

The Lieutenant Governor introduced the family of the late Senator Sam Roberts.

Senator Johnson of the 1st offered a eulogy for Senator Roberts, who passed away on January 3, 2000.

The President presented his wife, Sue , with a confirmation that the flag bestowed upon the family at his funeral had flown over the State Capitol on January 3, 2000.

The following resolutions were read and adopted:

SR 384. By Senators Starr of the 44th, Walker of the 22nd and Johnson of the 1st:

A resolution to notify the Governor that the General Assembly has convened; and for other purposes.

The President appointed as a Committee of Notification on the part of the Senate the following Senators: Starr of the 44th, Walker of the 22nd, Johnson of the 1st, Jackson of the 50th, Gillis of the 20th and Dean of the 31st.

SR 385. By Senators Starr of the 44th, Walker of the 22nd and Johnson of the 1st:

A resolution to notify the House of Representatives that the Senate has convened; and for other purposes.

SR 386. By Senators Scott of the 36th, Starr of the 44th and Walker of the 22nd:

Monday, January 10, 2000

5

A RESOLUTION
Adopting the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that the Rules of the Senate in force at the adjournment of the regular 1999 session of the General Assembly are hereby adopted as the Rules of the Senate for the regular 2000 session of the General Assembly and for the duration of this General Assembly, with the following amendments which are also hereby adopted:
SECTION 1.
The Rules of the Senate in force at the adjournment of the regular 1999 session are amended by adding at the end of Rule 50 a new subsection (g) to read as follows:
"(g) When a Senator is in a session of the Senate or a committee meeting, the Senator shall use his or her notebook computer only for legislative business, provided that this shall not prohibit the Senator from using the computer at such times for purposes of ordinary and necessary communications with his or her home and business office. Maintenance and repair of Senators' notebook computers shall not be conducted on the floor of the Senate while the Senate is in session."
SECTION 2.
Said rules are further amended by adding at the end of Rule 105 a new subsection to read as follows:
"(c) When a general bill or resolution is received from the House during a period when the Senate is in recess on the thirty-third (33rd) day of a regular session, the bill or resolution may be read and referred to committee by the presiding officer during such period of recess. The Secretary of the Senate shall maintain during such period of recess a public listing of all bills so read and referred. Any Senator who desires to move to engross any such bill or resolution must serve written notice of his or her intention to do so by delivering such written notice to the Secretary before midnight of that thirty-third (33rd) day. When notice is so given, further proceedings on a motion to engross shall be as provided in Rule 106A, except as otherwise provided in this rule."
SECTION 3.
Said rules are further amended by striking Rule 154 and inserting in its place a new rule to read as follows:
"Rule 154. When any bill or resolution which originated in the Senate has been amended in the House, and is before the Senate for action on the House amendment, an amendment one or more amendments may be offered in the Senate to the House amendment; but the Senate amendment to the House amendment cannot be further amended. It must be adopted or voted down. A proposed Senate amendment to the House amendment may itself be subject to amendment, and in this respect Rule 138 shall not apply."
SECTION 4.
Said rules are further amended by striking from Rule 185 the following:
"CONSUMER AFFAIRS -- 7",
and inserting in place thereof the following:
"VETERANS AND CONSUMER AFFAIRS -- 7".
SR 387. By Senators Hooks of the 14th, Starr of the 44th and Walker of the 22nd:

A RESOLUTION

6

JOURNAL OF THE SENATE

Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 14, 2000, and shall reconvene on Monday, January 24, 2000.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on such Monday may be as ordered by the Senate; and the hour for convening the House on such Monday may be as ordered by the House.
HR 744. By Representatives Walker of the 141st, Murphy of the 18th and Skipper of the 137th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
HR 745. By Representatives Walker of the 141st, Murphy of the 18th and Skipper of the 137th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
HR 746. By Representatives Walker of the 141st, Murphy of the 18th and Skipper of the 137th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
The following communications from His Excellency, Governor Roy Barnes, were received by the Secretary:
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
May 3, 1999
Roy E. Barnes Governor
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
I have vetoed Senate Bill 72 which was passed by the General Assembly of Georgia at the 1999 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bill and corresponding reason for its veto is attached.
Sincerely,
/s/Roy E. Barnes

Monday, January 10, 2000

7

Veto Number 3
This bill is a compilation of nine separate education bills that were put together in the last hours of the legislative session. While there are strong points to the bill, there are also some portions with good potential that require further consideration as to how they would impact education and the schools. Additionally, there are budgetary costs and priority-setting budgetary issues that need further attention before a commitment is implied through passage and signing of this bill.
It is my intention to have the principal issues addressed in SB72 included as part of the work of the Governor's Education Reform Study Commission, which has been created by the General Assembly at my request for the express purpose of considering some of these very same issues. To assist in this endeavor, it is also my intention to ask several key education leaders of the House and Senate, who are also authors of portions of SB72, to serve on this Commission. For these reasons, I hereby veto Senate Bill 72.

Roy E. Barnes Governor

STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
May 3, 1999

Honorable Thomas B. Murphy Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I have vetoed House Bills 6, 407, 547, 677 and 991 which were passed by the General Assembly of Georgia at the 1999 Regular Session.
Article III, Section IV, Paragraph XIII of the Georgia Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their vetoes are attached.
Sincerely,
/s/Roy E. Barnes
Veto Number 1
This bill changes the compensation for the Clerk and Chief Deputy Clerk of the State Court of Cobb County. After the bill was introduced, a mistake was found in the effective date. At the request of the author, I hereby veto House Bill 547.

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JOURNAL OF THE SENATE

Veto Number 2

This bill changes the compensation of the chairperson of the Board of Commissioners of Pierce County. After the bill was introduced, an error was discovered. At the request of the author, I hereby veto House Bill 991.
Veto Number 4

This bill provides for grievance procedures for state employees, including the institution of procedure for the grievance of annual salary increases which are the subject of Georgia Gain. Many of our state departments object to this legislation on the basis that the grievance procedures, particularly with respect to pay increases, will negate the positive effects which the state is experiencing from the institution of Georgia Gain.
While I feel that it is important to establish grievance procedures, those procedures should not include the opportunity to engage in lengthy contests, at considerable cost in agency and personnel time, to dispute pay raise decisions which are based upon the Georgia Gain principle of rewarding productivity and achievement rather than simple longevity in a position.
Accordingly, while I am vetoing this measure, I have issued an executive order requiring state departments to prepare and submit to me internal grievance procedures with respect to employees covered by Georgia Gain. For these reasons, I hereby veto House Bill 677.
Veto Number 5

This bill would require judges making custody determinations to consider the desires of children ages 12 and 13 as to the custodial parent. Present law permits the judge discretion to do so, but does not require the court to interview the child where the court feels that the best interests of a particular child would be better served by not requiring the child to face such a potentially traumatic choice. I believe that the decision as to which children of these tender years are appropriately exposed to such potentially disturbing dilemmas is best left in the discretion of the judge overseeing the proceedings. For these reasons, I hereby veto House Bill 407.

Veto Number 6

This bill exempts the so-called "Roth IRA" from garnishment under Georgia law until such time as the monies therein are paid or otherwise transferred to the beneficiary. This bill attempts to address potential concerns that such accounts are preempted by federal law from garnishment under the law of this state, but the courts of this state have not ruled on that issue. Accordingly, as attempts to restrict assets reachable in garnishment threaten the legitimate and well-recognized public policy of causing debtors to be responsible to their creditors, a policy reflected in our extensive garnishment statutes, it is preferable that this issue await definitive resolution in the courts. For these reasons, I hereby veto House Bill 6.

STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900

Roy E. Barnes GOVERNOR

MEMORANDUM

Penny Brown Reynolds EXECUTIVE COUNSEL

Monday, January 10, 2000

9

TO:

The Honorable Mark Taylor

The Honorable Thomas B. Murphy

FROM:

Penny Brown Reynolds Executive Counsel

DATE: May 3, 1999

RE:

Line Item Vetoes in House Bill 144

___________________________________________________________________________

Please be advised that Governor Barnes has line item vetoed the following Sections in House Bill 144:

Section 39, Page 35, Pertaining to the Department of Administrative Services

Section 40, Page 59, Pertaining to the Department of Community Affairs

Section 49, Page 62, Pertaining to the Department of Transportation

Section 58, Page 65, Pertaining to Federal Funds

Page 7, Line 274, Pertaining to the Local Development Fund

Page 7, Line 282, Pertaining to the Department of Community Affairs

The veto messages are attached for each item referenced above.

Governor's Vetoes in House Bill 144

Section 39, pertaining to the Department of Administrative Services, page 35, lines 1614 through 1616:
This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not compatible with an 800 mega hertz system. We now believe that a limited number of communication equipment purchases need to be made for security and safety reasons that may not be compatible with an 800 mega hertz system. The Office of Planning and Budget has issued policy guidelines relative to communications equipment purchases that will address budgetary approval and technical review requirements. This language has been vetoed previously.
Section 40, pertaining to the Department of Community Affairs, page 59, lines 2684 through 2692:
This language is designed to allow a change in Local Assistance Grants recipients and purposes if a grant identifies the wrong recipient or an ineligible purpose. The need for this language is necessitated by the fact that the General Assembly, most likely due to time constraints, is limited in screening these grants for accuracy and legality before listing them in the budget. The effect of vetoing this language will be that the intent and purpose for which these funds are appropriated will have to be corrected in the Amended Budget. I think this is a more appropriate way to handle this issue.
Section 49, pertaining to the Department of Transportation, page 62, lines 2800 through 2804:
This language authorizes the Department 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. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when a properly drawn amendment to the annual operating budget has been approved by the Office of Planning and Budget. In addition, the number of positions in each budget function is not specified in the Governor's

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JOURNAL OF THE SENATE

budget recommendation to the General Assembly or in the annual Appropriations Act. Therefore, this language is unnecessary. This language has been vetoed previously.
Section 58, pertaining to Federal Funds, page 65, lines 2899 through 2903:
This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. This language has been vetoed previously.

There are two items contained in the budget of the Department of Community Affairs that require some adjustment although not an outright veto. Because the programs are beneficial to the state and because I do not wish to completely veto the item, I have decided to veto a portion of the appropriation and retain the balance.
On page 7, line 274 of HB 144, there is an appropriation in the amount of $650,000 for "Local Development Fund". In the department's redirection request and in my recommendations to the General Assembly, the amount of funding for the Local Development Fund was reduced by $32,500 from $650,000 to $617,500. That reduction was sustained through the House, Senate and Conference Committee versions of the appropriations bill. However, the "as passed" version of HB 144 shows the line item for the Local Development Fund at $650,000 reversing the reduction that was agreed to throughout the process. Thus, a change was made in the appropriations bill with no reference shown in the tracking document and no discussion by the conference committee. There was no opportunity for debate or discussion on reversing a reduction that I proposed and the House and Senate agreed to in their versions of the bill.
Likewise, on page 7, line 282, of HB 144, pertaining to the Department of Community Affairs there is an amount appropriated for "Regional Economic Development Grants" in the amount of $1,187,500. In the department's redirection request and in my recommendations to the General Assembly, the amount of funding for the Regional Economic Development Grants was reduced by $59,375 from $1,187,500 to $1,128,125. That reduction was sustained through the House, Senate and Conference Committee versions of the appropriations bill. However, the "as passed" version of HB 144 shows the line item for the Regional Economic Development Grants at $1,187,500 reversing the reduction that was agreed to throughout the process. Thus, a change was made in the appropriations bill with no reference shown in the tracking document and no discussion by the conference committee. There was no opportunity for debate or discussion on reversing a reduction that I proposed and the House and Senate agreed to in their versions of the bill.
The question arises as to whether the Governor can veto a partial amount in an appropriation while allowing the balance of the funds to be spent. Since both of the programs described above are desirable ones for the State of Georgia, I have decided that under the constitutional provisions and discussion to be contained herein that I have the power to partially veto an amount in an appropriation.
Ga. Const., Art. III, Sect. 5, Para. 13(e), states as follows:
The Governor may approve any appropriation and veto any other appropriation in the same bill, and any appropriation vetoed shall not become law unless such a veto is overridden in the manner herein provided.
This constitutional provision by its very nature allows a Governor to exercise a veto to a portion of an amount appropriated. This necessarily follows as the right to exercise the whole power must by its very nature include the parts that make up the whole. The Supreme Court of Pennsylvania in considering a very similar provision in the Pennsylvania Constitution found that the Governor did have the power to veto a portion of an amount appropriated. 1
In the case of Commonwealth ex rel. Attorney Gen. v. Barnett, 48 A. 976 (Pa. 1901), the Supreme Court of Pennsylvania examined the exact issue regarding partial vetoes. In finding that the Governor possessed the power of partial veto, the Supreme Court of Pennsylvania stated as follows:

Monday, January 10, 2000

11

[E]very appropriation, though it be for a single purpose necessarily presents two considerations almost equally material, namely, the subject and the amount. The subject may be approved on its merits, and yet the amount disapproved, as out of the proportion to the requirements of the case, or as beyond the prudent use of the [S]tate's income. The legislature had full control of the appropriation in both its aspects and the plain intent of [section 16] was to give the governor the same control, as to disapproval, over each subject and each amount. A contrary construction would destroy the usefulness of the constitutional provision. If the legislature, by putting purpose, subject, and amount inseparable together, and calling them an "item" can coerce the governor to approve the whole or none, then the old evil is revived which [section 16] was intended to destroy... [The governor] was entitled to approve as to the object, and to disapprove as to a portion of the amount. That is what he has done in the present case, and his action was within his constitutional powers.
48.A at 978 (emphasis added).
This issue has never been directly decided by the courts in Georgia, but the Attorney General has opined that a governor may exercise his right to veto in an amended appropriations bill so as to reduce the amount to the General appropriation level, and that such action is clearly within his power as Governor. See Opinions of Attorney General, U73-94 and U74-36.
Based upon the above and wishing to preserve the appropriation for the Local Development Fund and for Regional Economic Development Grants, in regard to page 7, line 274 pertaining to the Department of Community Affairs, I hereby APPROVE the appropriation in the amount of $617,500 and VETO any amounts above the said $617,500. Specifically, I VETO the amount of $32,500 from the total amount appropriated. In regard to page 7, line 282, pertaining to the Department of Community Affairs in regard to Regional Economic Development Grants, I APPROVE the appropriation in the amount of $1,128,125 and VETO any amount above said sum, specifically, I VETO the amount of $59,375 from the total amount appropriated.

___________________________ 1 The provision in the Pennsylvania Constitution granted to the Governor the "power to disapprove of any item of items of any bill making appropriations of money, embracing distinct items, and the part or parts of the bill approved shall be the law and the item or items of the appropriation disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the executive veto."
This 3rd day of May, 1999
/s/ Roy E. Barnes Governor

Section 7. Department of Community Affairs Local Development Fund - I veto any amount above $617, 500 Regional Economic Development Grants- I veto any amount above $1,128,125

Section 39. Provisions Relative to Section 4,
Department of Administrative Services.
It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

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Section 40. Department of Community Affairs
If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.
If a local assistance grant above states an eligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.
Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.
If a local assistance grant states that it is for the purchase of a property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.
Section 49. Provisions Relative to Section 34,
Department of Transportation
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)(1), 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.
Section 58.
There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be 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.
The following communication was received by the Secretary:
Department of Law State of Georgia
July 26, 1999
Mr. Frank Eldridge, Jr. Secretary of the Senate State Capitol Building Atlanta, Georgia 30334
RE: United States v. Diane Harvey Johnson, USDC/NDGA/Atlanta Div., Criminal Indictment No. 1:99-CR-136.

Monday, January 10, 2000

13

Dear Mr. Eldridge:
Please be advised that on July 21, 1999, a federal jury in the United States District Court for the Northern District of Georgia convicted Senator Diane Harvey Johnson of five counts of mail fraud, in violation of Title 18, United States Code, Sections 1341, 1346 and 2. For your convenience, I am enclosing herewith a copy of the indictment. [note: copy of indictment not published in journal]
I am providing this information at the request of your office in connection with the operation of Art. II, Sect. III, Para. II of the Constitution of Georgia of 1983. Should you have any questions or comments, please let me know.
Sincerely,
/s/ Michael E. Hobbs Counsel to the Attorney General

The following communication was sent by the Secretary of the Senate to Mr. Paul Lynch, Fiscal Officer:

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
Frank Eldridge, Jr. Secretary of the Senate
July 27, 1999
Mr. Paul Lynch Fiscal Officer Legislative Fiscal Office 434 State Capitol Atlanta, Georgia 30334
Dear Mr. Lynch:
Please be advised that on July 21, 1999, a federal jury in the United States District Court for the Northern District of Georgia convicted Senator Diana Harvey Johnson of five counts of mail fraud.
In order to comply with Art. II, Sect.III, Para.II of the Constitution of Georgia of 1983, after conviction and during this period of suspension, the Senator shall not be entitled to receive compensation.
If you have any questions regarding this matter, please feel free to contact me.
Sincerely,
/s/ Frank Eldridge, Jr.

The following communications were received by the Secretary:

OFFICE OF LIEUTENANT GOVERNOR 240 STATE CAPITOL
ATLANTA, GEORGIA 30334

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August 23, 1999
MARK TAYLOR LIEUTENANT GOVERNOR
Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Frank:
I have appointed Senator Greg Hecht as Chairman of Corrections, Correctional Institutions and Property Committee during the 1999-2000 term in the State Senate replacing Senator Diana Harvey Johnson.
Please call on me or Bob Callaway if you have any questions regarding this appointment. Thank you for your attention to this matter.
Sincerely,
/s/Mark Taylor

OFFICE OF LIEUTENANT GOVERNOR 240 STATE CAPITOL
ATLANTA, GEORGIA 30334 September 28, 1999
MARK TAYLOR LIEUTENANT GOVERNOR
Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Frank:
I have appointed Senator Carol Jackson as Vice-Chair of Corrections, Correctional Institutions and Property Committee during the 1999-2000 term in the State Senate replacing Senator Greg Hecht.
Please call on me or Bob Callaway if you have any questions regarding this appointment. Thank you for your attention to this matter.
Sincerely,
/s/Mark Taylor
OFFICE OF THE LIEUTENANT GOVERNOR 240 STATE CAPITOL
ATLANTA, GEORGIA 30334
MARK TAYLOR LIEUTENANT GOVERNOR

Monday, January 10, 2000

15

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

September 28, 1999

Dear Frank:
Please change the name of the Consumer Affairs Committee to Veterans and Consumer Affairs. Thank you for this assistance.
Sincerely,
/s/Mark Taylor

November 12, 1999
Honorable Roy E. Barnes Governor of the State of Georgia Office of the Governor State Capitol Atlanta, Georgia 30334
Dear Governor Barnes:
With this letter I tender my resignation from the Georgia State Senate, as the elected Senator from the Second Senatorial District, Chatham, Georgia. My resignation will become effective upon the call for a special election to fill my seat in time for my successor to be sworn in as the newly elected Senator from the Second Senatorial District when the Georgia Legislature convenes again on the second Monday in January 2000.
I am not abandoning my call to public service. I am only taking a leave of absence to continue a battle on another front to clear my name and redeem my hard won reputation for efficiency, honesty and integrity. I view my recent set backs in the court as the beginning of a long process to which I must devote all my physical and spiritual resources.
I make this decision to leave temporarily a job in which it has indeed been a privilege and pleasure to serve because it is in the best interest of my constituents. Those constituents in the 2nd Senatorial District in particular and the people of Georgia as a whole. When the Legislative Session convenes, they deserve a State Senator who can exercise all of the powers of elected office. Recent developments prevent me from resuming the full duties of my office in the upcoming session of the Legislature. Many important issues will come before the Legislature in the next session, among them, education, reapportionment, correctional reform, and the expansion of trade and tourism in Georgia to create enterprises and jobs to benefit all Georgians, especially women and racial minorities. The people need a Senator who can address these and other issues on the floor of the Senate, which will affect all Georgians well into the new millennium.
Thanking you for your attention as I remain
Sincerely,
/s/ Diana Harvey Johnson

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State Senator District 2

(SEAL)
THE STATE OF GEORGIA
EXECUTIVE ORDER
BY THE GOVERNOR:
WHEREAS: A vacancy now exists in the Senate of the General Assembly of Georgia, by reason of the resignation of the Honorable Diana Harvey Johnson formerly known as Diane Harvey Johnson, State Senator, District 2; and
WHEREAS: Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that occur in the Senate and the House of Representatives; and
WHEREAS: Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Secretary of State; and
WHEREAS: Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issuance of said writ.
NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY
ORDERED: That a writ of election to fill the vacancy in the Georgia State Senate, District 2, be and the same is hereby issued to the Secretary of State
IT IS FURTHER
ORDERED: That said special election to fill the vacancy in the Georgia State Senate, District 2, shall be held on December 21, 1999, pursuant to the Constitution and Law of the State of Georgia.
This 12th day of November, 1999.
/s/ Roy Barnes Governor

Roy E. Barnes Governor

STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900

Monday, January 10, 2000

17

November 15, 1999

Diana Harvey Johnson 319 West Broughton Street Post Office Box 5544 Savannah, Georgia 31414
Dear Ms. Johnson:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation from the Georgia State Senate as the elected Senator from the Second Senatorial District, Chatham County, Georgia, effective Friday, November 12, 1999. By copy of this letter, your resignation is hereby accepted.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for your future.
Sincerely,
/s/ Roy E. Barnes
The State Senate Atlanta, Georgia 30334
January 4, 2000
Lieutenant Governor Mark Taylor Room 240, State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor :
It has been brought to my attention that, before my watch as Rules Chairman, a law was passed authorizing the Senate Rules Committee to appoint a Senate Audit Subcommittee.
And it was, further, brought to my attention that back during the Joe Frank Harris' administration, the Senate decided to discontinue this authorization and not have an audit subcommittee because they felt that sufficient procedures were in place that eliminated the need for this added expense to the state for bi-monthly meetings, that essentially only served to review senators' expenses that the Fiscal Affairs Office had already reviewed and approved.
However, since the existence of this law has been brought to my attention, as Chairman, I have decided to reinstitute the Senate Audit Subcommittee of the Rules Committee, unless and until this law is removed off the books. In this regard, I am appointing the following Senators to serve on the Senate Audit Subcommittee for 2000.

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Senator Scott Senator Hill Senator N. Thomas Senator Ray Senator Hooks
For now, I will serve as Chairman of the Subcommittee. This Subcommittee will meet bi-monthly, to review Senators' expense reports that will be provided to the committee from the Fiscal Affairs Office.
Sincerely,
/s/ David Scott 36th Senatorial District

SB 27 SB 52 SB 65 SB 93 SB 104 SB 118 SB 121
SB 124 SB 132 SB 161 SB 175 SB 194 SB 216 SB 224 SB 227 SB 232 SB 247

SENATE CALENDAR Monday, January 10, 2000 FIRST LEGISLATIVE DAY Warrant for Arrest of Certain Teachers, Administrators-issuance (Substitute)(Judy-1st) Employer, Employee-payment by credit transfer (B&FI-16th) EMSC Program on Ambulance Service Territories-decisions, appeals (Substitute)(Pub Saf-56th) Traffic Citation-penalty, failure to appear (Judy-16th) Drivers' Licenses-relating to points for child safety restraint violations (Pub Saf-42nd) National Crime Prevention and Privacy Compact-ratify (Judy-17th) Water Quality Control-prohibit additional sewer connections when violations (Substitute) (Nat R-29th) Venue-authorize courts to apply doctrine of forum non conveniens (Substitute)(S Judy-48th) Student Discipline-annual filing of reports by local boards of education (Substitute)(Ed-39th) Flint Judicial Circuit Superior Court Judges, District Attorneys-salary supplements (Judy-17th) Fleeing, Attempting to Elude Police Officer-felony (Pub Saf-28th) Teachers, K-5-relating to duty-free lunch period (Ed-25th) Jury Lists-procedure to remove certain persons (Substitute) (Judy-8th) Ralph Mark Gilbert Civil Rights Museum-official civil rights museum (EDT&CA-2nd) Absentee Ballots-additional places for receiving, voting (SLGO-G-37th) Drivers' Licenses-eyesight tests (Pub Saf-29th) Senatorial Districts 1 and 2-description (Reappor-1st)

Monday, January 10, 2000

19

SR 23 SR 35 SR 100
SR 129 SR 180 SR 186 SR 206 SR 207 SR 230 SR 231 SR 242 SR 276 SR 284 HB 35 HB 36 HB 38 HB 39 HB 68 HB 76 HB 87 HB 94 HB 110
HB 112 HB 114 HB 115
HB 135

Senate Study Committee on Mental Health Care Delivery System-create (Rules-34th) Indigent Care Trust Fund Study Committee-create (Rules-47th) State Departments, Agencies-encourage communication with state labor organizations (Amendment) (SLGO-G-10th) Senate School Enrollment Eligibility Date Study Committee-create (Ed-15th) Senate Study Committee on Effectiveness and Efficiency in State Government-create (SLGO-G-10th) Strokes and Stroke Prevention-support efforts of certain associations (H&HS-35th) Obesity-request Public Health Division conduct effects on health problems (H&HS-10th) Obesity Awareness Month-June, 1999 (H&HS-10th) Kyoto Protocol on Global Warming-urge U. S. Senate and President reject (Ag-11th) Federal Motor Vehicle Safety Standard for Motorcycle Helmets-urge review (Pub Saf-24th) Land and Water Conservation Fund-urge Congress support appropriations (Nat R-25th) Senate Clinical Trial Programs for Treatment of Adult Cancer Study Committee-create (H&HS-22nd) Senate Lake Lanier Watershed Study Committee-create (Amendment) (Nat R-49th) Income tax; dependent deductions; amend provisions (F&PU-31st) Royal-164th Property tax; in rem foreclosures; superior court orders (F&PU-31st) Royal-164th Schools; students enrolled in certain programs; program counts (Ed-4th) Porter-143rd Jury duty exemptions; certain students; certain caregivers (Substitute)(Judy-3rd) Walker-141st QBE; President's Day and Veterans Day; instructional provisions (Ed-11th) Birdsong-123rd Aviation Hall of Fame; official repository for aviation history (EDT&CA-26th) Walker-141st Public buildings; require display of certain information (SLGO-G-10th) Ehrhart-36th Medicare supplement insurance; define certain terms (I&L-47th) Williams-114th Concealed weapons; prohibitions; exempt certain retired District Attorneys (Substitute) (Judy-3rd) Mosley-171st Forestry practices; allow on land owned in fee simple (Substitute) (Nat R-20th) Floyd-138th Alternative schools; education and attendance requirements (Ed-52nd) Mueller-152nd Driver's license or permit; provide for replacement issuance (Pub Saf-37th) Wiles-34th (ENGROSSED IN HOUSE) Workers' compensation; amend provisions (I&L-47th) Smith-109th

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HB 146 HB 150 HB 151
HB 167 HB 171
HB 172
HB 222
HB 235 HB 257 HB 259 HB 260 HB 265 HB 266 HB 269 HB 298 HB 331 HB 337 HB 351 HB 361
HB 414
HB 415 HB 416
HB 423 HB 429 HB 432

Georgia Volunteer in Medicine Act; enact (Substitute)(Judy-34th) Golick-30th Building codes; certain notification; inspector training (Substitute) (DS&T-34th) Westmoreland-104th Building codes; compliance; professional engineers perform inspections (Substitute) (DS&T-34th) Westmoreland-104th Ad valorem tax; motor vehicles and motor homes; tax digest (F&PU-31st) Royal-164th Rape prevention and personal safety; Department of Education establish course (H Ed-4th) Pelote149th Division of Rehabilitation Services; transfer from DHR to Labor Department (I&L-47th) Coleman142nd Treasury and Fiscal Services, Office of; certain deposits; time limit (Amendment) (F&PU-31st) Grindley-35th Sheriffs; certain records; electronic storage and retrieval (DS&T-50th) Twiggs-8th Uniform Fraudulent Transfers Act; enact (B&FI-17th) Martin-47th Arrest warrants; issuance; amend provisions (Amendment) (S Judy-32nd) Randall-127th Medical scholarships; rural health care; amend provisions (H Ed-47th) Channell-111th Sports officials; assault or battery against; define offense (S Judy-40th) Watson-70th Voting; child under 17 in booth with parent (SLGO-G-10th) DeLoach-172nd Mental health; disability services; state-wide guidelines (Amendment)(H&HS-10th) Manning-32nd GBI; conform to certain federal law; fingerprinting; day-care applicants (Judy-3rd) Wiles-34th Ticket sales; certain athletic and entertainment events (Substitute) (C Aff-22nd) Powell-23rd Criminal bond sureties; increase compensation amount (Judy-3rd) Randall-127th State examining boards; require members reside in state (SLGO-G-38th) Buckner-95th Southeastern Railway Museum; official state transportation history museum (EDT&CA-46th) Coleman-80th Guardian and ward; temporary guardianship of minor; dissolution (Amendment) (Judy-34th) Stuckey67th Agency; appointment of guardian of property; effect (Judy-34th) Stuckey-67th Durable power of attorney for health care; appointment of guardian (Amendment) (Judy-34th) Stuckey-67th Traffic offenses; jurisdiction; bureau procedures; penalties (Substitute)(Pub Saf-29th) Ragas-64th Mortgage; failure to transmit cancellation; liability of grantee (B&FI-17th) Crawford-129th Phone solicitation; prohibitions; exclude certain brokers or agents (C Aff-15th) Rogers-20th

Monday, January 10, 2000

21

HB 449 HB 467 HB 470 HB 482 HB 487 HB 496 HB 506 HB 513 HB 518 HB 523 HB 524 HB 550 HB 552 HB 564 HB 566 HB 573 HB 576 HB 585 HB 587
HB 597 HB 616
HB 617 HB 623 HB 630
HB 642 HB 649

Stone Mountain Memorial Association; exercise police powers (EDT&CA-5th) Henson-65th Unfair business practices; promotional offers; prohibit certain fees (C Aff-35th) Howard-118th The Victims' Reimbursement Act of 1999; enact (Amendment) (C Aff-15th) Sims-167th Contributing to delinquency of minor; amend penalty provisions (Judy-3rd) Connell-115th Insurance; certain premium increases; require 60 days' notice (I&L-27th) Burkhalter-41st Special plates and parking; handicapped persons; amend provisions (F&PU-4th) Martin-145th QBE; certain foreign language instruction; funding; grants (Approp-52nd) Ashe-46th Insurance fraud; victims 60 and older; increased penalties (Amendment)(I&L-51st) Tolbert-25th Taxes; certain interest; disposition (F&PU-31st) Royal-164th Ad valorem tax; local fair share funds; amend provisions (F&PU-4th) Royal-164th Income tax; certain credits; transfer duties to revenue commissioner (F&PU-31st) Royal-164th Schools; persons 18 by September 1; prohibit enrollment (Ed-4th) Purcell-147th State court judges; qualifications; increase experience requirement (Judy-3rd) Davis-60th Board of Natural Resources; category I dams; require fee (Amendment)(Nat R-20th) Shanahan-10th State employees' health insurance plan; include certain public retirees (Ret-41st) Cummings-27th MARTA; operating cost exclusions; interest income (SLGO-G-10th) Martin-47th Cooperative library projects; certain agencies; funding (H Ed-36th) Porter-143rd Department of Transportation; certain capital projects; authorize participation (Trans-38th) Teper-61st Probationary Driver's license; replacement fee (Pub Saf-55th) Dixon-168th (ENGROSSED IN HOUSE) Superior court clerks; make available certain real estate indices (S Judy-50th) Hammontree-4th Public retirement systems; minimum funding standards; comply with federal law (Substitute) (Ret51st) Cummings-27th Public Retirement Systems Investment Authority Law; enact (Ret-37th) Cummings-27th Ad valorem tax; certain mobile homes; assessed value (F&PU-31st) Sims-167th State agencies, etc.; inventory of leased space; submit to Department of Administrative Services (SLGO-G-10th) Lucas-124th Family violence restraining orders; contempt; exclusion (Judy-39th) Randall-127th Controlled substance; certain activities near park or housing project (Judy-3rd) Connell-115th

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HB 658 Georgia Commission on Women; absences; residency requirement (Rules-10th) Buckner-95th

HB 668

State employees; health insurance; changes conform to Administrative Procedure Act (I&L-47th) Holland-157th

HB 670 Health insurance; policy cards; require certain information (Amendment)(I&L-8th) Harbin-113th

HB 686 QBE; limited-English-proficient students; midterm adjustment (Ed-4th) Rice-79th

HB 701 Houston Judicial Circuit; terms of court (Judy-18th) Walker-141st

HB 716 Automobile carriers; redefine designated highways (Trans-31st) McCall-90th

HB 720

State government; lobbying services; prohibit public funds (Judy-3rd) Murphy-18th (ENGROSSED IN HOUSE)

HB 734 Secretary of State; examining boards; amend provisions (Amendment)(C Aff-52nd) Childers-13th

HB 755

State service delivery regions; reclassify certain counties (Amendment)(SLGO-G-28th) Coleman142nd

HB 804 Supreme Court; terms; ending dates (S Judy-32nd) Stokes-92nd

HB 809 Taxicab self-insurers; certain exception; change certain date (I&L-47th) Williams-114th

HB 811 Randolph County; superior court; change terms (SLGO-G-10th) Greene-158th

HB 816

Conditioned air contractors; certain orders; certain activities; repeal provisions (DS&T-34th) Smith109th

HB 818 Insurance; certain policy cancellation; notice not required (I&L-47th) Harbin-113th

HB 819

Insurance; certain medical information; confidentiality (Substitute) (I&L-47th) Stephens-150th (ENGROSSED IN HOUSE)

HB 823 Motor vehicles; temporary license plates (Substitute) (Judy-12th) Everett-163rd

HB 847 Pension obligation bonds; requirements; issuance; purchases (B&FI-37th) Cummings-27th

HR 82 Joint Highway Study Committee; create (Substitute) (Trans-52nd) Smith-103rd

HR 96 State Commission on Drug Addiction; create (Rules-10th) Trense-44th

HR 121 Regional development center boundaries; ratify alteration (Substitute)(SLGO-G-20th) Parrish-144th

HR 154 Joint Manufactured Housing Study Committee; create (Amendment) (C Aff-19th) Sims-167th

HR 215 Joint West Georgia River Protection Act Study Committee; create (Nat R-28th) Smith-103rd

HR 268 CA: State court judges; increase law practice requirement (Judy-3rd) Davis-60th

HR 330

Joint Study Committee on Art Policies for Capitol and Governor's Mansion; create (Rules-47th) Purcell-147th

Senator Walker of the 22nd asked unanimous consent that all the bills on the Senate Calendar be committed to the committees from which they were last reported. The consent was granted and the following bills were committed:

Monday, January 10, 2000

23

SB 27.

By Senators Johnson of the 1st, Marable of the 52nd, Smith of the 25th and Jackson of the 50th:

A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide that any warrant for the arrest of a teacher or school administrator for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court; to provide for an effective date and for applicability.

Committed to the Committee on Judiciary.

SB 52.

By Senator Land of the 16th:

A bill to amend Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to employer and employee, so as to remove a requirement for the employee's consent to payment by credit transfer; to provide an exception for any employee who does not have an account with a bank, trust company, or financial institution.

Committed to the Committee on Banking and Financial Institutions.

SB 65.

By Senators Price of the 56th and Gingrey of the 37th:

A bill to amend Code Section 31-11-3 of the Official Code of Georgia Annotated, relating to recommendations of local coordinating entities regarding the EMSC Program relating to ambulance service territories, so as to provide for time limits for certain decisions and provide for the status of certain recommendations and decisions and their appeal.

Committed to the Committee on Public Safety.

SB 93.

By Senator Land of the 16th:

A bill to amend Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to prosecution of traffic offenses, so as to increase the penalty for failure to appear at a traffic violations bureau of the court in response to a traffic citation.

Committed to the Committee on Judiciary.

SB 104. By Senator Polak of the 42nd:

A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of licenses of habitually negligent or dangerous drivers and the point system used to identify such drivers, so as to change certain provisions relating to points assessed for violation of child safety restraint requirements.

Committed to the Committee on Public Safety.

SB 118. By Senators Crotts of the 17th, Bowen of the 13th, Ray of the 48th and others:

A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to ratify the National Crime Prevention and Privacy Compact established by Section 217 of the National Crime Prevention and Privacy Compact Act of 1998 contained in federal Public Law 92-544; to define certain terms.

Committed to the Committee on Judiciary.

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SB 121. By Senator Lee of the 29th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Water Quality Control Act," so as to prohibit counties and municipalities which commit certain violations of that article from permitting additional sewer connections.
Committed to the Committee on Natural Resources.
SB 124. By Senators Ray of the 48th and Kemp of the 3rd:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions regarding venue, so as to authorize the courts of this state to apply the doctrine of forum non conveniens; to provide for procedures, conditions, and limitations; to provide for stays or dismissals; to provide for court orders and modification thereof; to amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to direct and interlocutory appeals, so as to provide for appeals from orders staying or dismissing an action on the basis of forum non conveniens.
Committed to the Committee on Special Judiciary.
SB 132. By Senators Fort of the 39th, Scott of the 36th and Walker of the 22nd:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, so as to require local boards of education to file annual reports with the State Board of Education regarding student discipline actions; to provide for the contents of such reports; to provide for a penalty for failure to file such reports.
Committed to the Committee on Education.
SB 161. By Senator Crotts of the 17th:
A bill to amend an Act providing supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attorney of the Flint Judicial Circuit so as to change the amount and method of payment of such supplements; to change the proportion of such supplements which each county shall pay.
Committed to the Committee on Judiciary.
SB 175. By Senator Price of the 28th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious crimes and offenses involving motor vehicles and traffic, so as to change the punishment for fleeing or attempting to elude a police officer; to provide that such offense shall be a felony and shall be subject to a mandatory term of imprisonment.
Committed to the Committee on Public Safety.
SB 194. By Senators Smith of the 25th, Johnson of the 2nd, Thomas of the 10th and others:
A bill to amend Code Section 20-2-218 of the Official Code of Georgia Annotated, relating to a dutyfree lunch period for teachers employed in grades K through 5, so as to remove a certain limitation on the implementation of the duty-free lunch period; to provide for payments to teachers who are not provided with a duty-free lunch period.
Committed to the Committee on Education.

Monday, January 10, 2000

25

SB 216. By Senators Golden of the 8th and Hecht of the 34th:

A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to establish procedures for the removal from the jury list of certain persons who are ineligible for jury duty because such persons have been convicted of a felony or declared mentally incompetent and whose voting rights have not been restored.

Committed to the Committee on Judiciary.

SB 224. By Senators Johnson of the 2nd, Gillis of the 20th, Walker of the 22nd and others:

A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Ralph Mark Gilbert Civil Rights Museum as the official Georgia state civil rights museum.

Committed to the Committee on Economic Development, Tourism and Cultural Affairs.

SB 227. By Senators Gingrey of the 37th and Tanksley of the 32nd:

A bill to amend Code Section 21-2-382 of the Official Code of Georgia Annotated, relating to additional sites as additional registrar's office or place of registration for absentee ballots, so as to provide that the board of registrars may establish other government buildings generally accessible to the public as additional registrar's offices or places of registration for the purpose of receiving absentee ballots and for the purpose of voting absentee ballots.

Committed to the Committee on State and Local Governmental Operations (General).

SB 232. By Senator Lee of the 29th:

A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to change certain provisions relating to expiration and renewal of licenses and reexamination requirements; to provide for administration, reporting, and validity of tests of eyesight; to provide for means of renewal of drivers' licenses.

Committed to the Committee on Public Safety.

SB 247. By Senator Johnson of the 1st:

A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 1 and 2; to provide for related matters; to provide for an effective date.

Committed to the Committee on Reapportionment.

SR 23.

By Senators Hecht of the 34th, Hooks of the 14th, Lee of the 29th and others:

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

Committed to the Committee on Rules.

SR 35.

By Senators Madden of the 47th, Streat of the 19th, Gillis of the 20th and Ragan of the 11th:

A resolution creating the Senate Indigent Care Trust Fund Study Committee.

Committed to the Committee on Rules.

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SR 100. By Senators Thomas of the 10th, Fort of the 39th and Hecht of the 34th:
A resolution encouraging all state departments, agencies, authorities, commissions, and community service boards to facilitate a format of communication and discussion with representatives of such state employee organizations and associations as are described in Code Section 45-7-54 of the Official Code of Georgia Annotated.
Committed to the Committee on State and Local Governmental Operations (General). SR 129. By Senator Harbison of the 15th:
A resolution creating the Senate School Enrollment Eligibility Date Study Committee.
Committed to the Committee on Education. SR 180. By Senators Thomas of the 10th and James of the 35th:
A resolution creating the Senate Study Committee on Effectiveness and Efficiency in State Government.
Committed to the Committee on State and Local Governmental Operations (General). SR 186. By Senators James of the 35th, Thomas of the 10th, Tate of the 38th and Johnson of the 2nd:
A resolution encouraging public awareness of facts relating to strokes and stroke prevention and supporting the efforts of the National Stroke Association and the Stroke Prevention and Treatment Center of Georgia Neurology Associates to defeat this affliction. Committed to the Committee on Health and Human Services.
SR 206. By Senator Thomas of the 10th:
A resolution requesting the Division of Public Health to conduct a study on the effects of obesity in both adults and children on health complications such as diabetes, hypertension, heart disease, and strokes.
Committed to the Committee on Health and Human Services. SR 207. By Senator Thomas of the 10th:
A resolution declaring the month of June, 1999, as Obesity Awareness Month.
Committed to the Committee on Health and Human Services. SR 230. By Senators Ragan of the 11th, Blitch of the 7th and Jackson of the 50th:
A resolution urging the United States Senate and the President of the United States to reject the Kyoto Protocol on global warming.
Committed to the Committee on Agriculture.
SR 231. By Senators Brush of the 24th and Walker of the 22nd: A resolution urging the United States Congress to provide for a review and revision of the Federal Motor Vehicle Safety Standard for motorcycle helmets (FMVSS 218) based on conclusions drawn from comprehensive testing performed under realistic motorcycle accident conditions.
Committed to the Committee on Public Safety.

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SR 242. By Senator Smith of the 25th:

A resolution urging the Congress of the United States to support appropriations for the Land and Water Conservation Fund.

Committed to the Committee on Natural Resources.

SR 276. By Senator Walker of the 22nd:

A resolution creating the Senate Clinical Trial Programs for the Treatment of Adult Cancer Study Committee.

Committed to the Committee on Health and Human Services.

SR 284. By Senators Cagle of the 49th, Ray of the 48th and Jackson of the 50th:

A resolution creating the Senate Lake Lanier Watershed Study Committee.

Committed to the Committee on Natural Resources.

HB 35. By Representatives Royal of the 164th and Buck of the 135th:

A bill to amend Code Section 48-7-26 of the Official Code of Georgia Annotated, relating to personal exemptions regarding the computation of Georgia taxable income, so as to change certain provisions with respect to dependent deductions; and for other purposes.

Committed to the Committee on Finance and Public Utilities.

HB 36. By Representatives Royal of the 164th and Buck of the 135th:

A bill to amend Code Section 48-4-79 of the Official Code of Georgia Annotated, relating to judicial hearings on certain in rem tax foreclosures, so as to change certain provisions regarding the contents of the order of a superior court in connection with such a foreclosure; and for other purposes.

Committed to the Committee on Finance and Public Utilities.

HB 38. By Representatives Porter of the 143rd and Jamieson of the 22nd:

A bill to amend Code Section 20-2-160 of the Official Code of Georgia Annotated, relating to student program counts, so as to change the provisions regarding program counts for students in the program established in Code Section 20-2-161.1; and for other purposes.

Committed to the Committee on Education.

HB 39.

By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th, Smith of the 109th, Buck of the 135th and others:

A bill to amend Code Section 15-21-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide for the exemption from jury duty of any person who is a full-time student at a college, university, vocational school, or other postsecondary school and who requests an exemption; to provide for the exemption from jury duty of any person who is the primary caregiver having active care and custody of a child under two years of age; and for other purposes.

Committed to the Committee on Judiciary.

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HB 68.

By Representatives Birdsong of the 123rd, Porter of the 143rd, Jamieson of the 22nd, Roberts of the 162nd, Sims of the 167th and others:

A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide for instructional activity relating to the Presidents of the United States on President's Day of each year; to provide for instructional activity relating to Veterans Day; and for other purposes.

Committed to the Committee on Education.

HB 76.

By Representatives Walker of the 141st, Bohannon of the 139th, Floyd of the 138th, McBee of the 88th and Ray of the 128th:

A bill to amend Subpart 1 of Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change provisions relating to the function and authority of the hall of fame; to provide that the hall of fame shall be the official state repository for aviation history; and for other purposes.

Committed to the Committee on Economic Development, Tourism and Cultural Affairs.

HB 87. By Representatives Ehrhart of the 36th, Irvin of the 45th and Evans of the 28th:

A bill to require the display of certain information on all public buildings; to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to require the display of certain information on all buildings thereof; and for other purposes.

Committed to the Committee on State and Local Governmental Operations (General).

HB 94. By Representative Williams of the 114th:

A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to define certain terms; to change certain provisions relating to applicability of chapter; and for other purposes.

Committed to the Committee on Insurance and Labor.

HB 110. By Representatives Mosley of the 171st, Byrd of the 170th and Scarlett of the 174th:

A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys; and for other purposes.

Committed to the Committee on Judiciary.

HB 112. By Representative Floyd of the 138th:

A bill to amend Code Section 12-6-61 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the conduct of forestry practices, so as to provide that such Code section shall not prohibit a person from conducting forestry practices on land he or she owns in fee simple; and for other purposes.

Committed to the Committee on Natural Resources.

HB 114.

By Representatives Mueller of the 152nd, Manning of the 32nd, Stancil of the 16th, Bordeaux of the 151st, Brooks of the 54th and others:

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A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that alternative school programs shall be subject to the same mandatory education and attendance requirements as public schools; and for other purposes.

Committed to the Committee on Education.

HB 115.

By Representatives Wiles of the 34th, Parsons of the 40th, Powell of the 23rd, Ehrhart of the 36th, Cooper of the 31st and others:

A bill to amend Code Section 40-5-31 of the Official Code of Georgia Annotated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the original issuance; and for other purposes.

Committed to the Committee on Public Safety.

HB 135.

By Representatives Smith of the 109th, Howard of the 118th, Bordeaux of the 151st, Mann of the 5th, Coan of the 82nd and others:

A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for cross appeals to the appellate division of the State Board of Workers' Compensation within 30 days of the notice of award by the administrative law judge; to authorize the board to review the status of a self-insured employer after the self-insured employer has been involved in a merger or acquisition; and for other purposes.

Committed to the Committee on Insurance and Labor.

HB 146.

By Representatives Golick of the 30th, Shipp of the 38th, Jones of the 71st, Parsons of the 40th and Childers of the 13th:

A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for licensing retired physicians; and for other purposes.

Committed to the Committee on Judiciary.

HB 150.

By Representatives Westmoreland of the 104th, Jones of the 71st, Trense of the 44th, Cash of the 108th and Watson of the 70th:

A bill to amend Part 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to require counties and municipalities to notify permit holders of the existence of local amendments to state minimum standard codes at the time building permits are issued; and for other purposes.

Committed to the Committee on Defense, Science and Technology.

HB 151.

By Representatives Westmoreland of the 104th, Jones of the 71st, Brown of the 130th, Trense of the 44th, Cash of the 108th and others:

A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, so as to provide that registered professional engineers may conduct inspections to determine code compliance; and for other purposes.

Committed to the Committee on Defense, Science and Technology.

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HB 167. By Representatives Royal of the 164th and Buck of the 135th:

A bill to amend Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of motor vehicles and mobile homes, so as to change certain provisions regarding the value of motor vehicles to be added to the tax digest; and for other purposes.

Committed to the Committee on Finance and Public Utilities.

HB 171.

By Representatives Pelote of the 149th, Orrock of the 56th, Campbell of the 42nd, Trense of the 44th, Stephens of the 150th and others:

A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, so as to provide that the Department of Education shall establish a course of rape prevention and personal safety; to encourage the Board of Regents of the University System of Georgia to adopt a similar course; and for other purposes.

Committed to the Committee on Higher Education.

HB 172.

By Representatives Coleman of the 142nd, Childers of the 13th, Sinkfield of the 57th, Dixon of the 168th, Powell of the 23rd and others:

A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services from the Department of Human Resources to the Department of Labor; and for other purposes.

Committed to the Committee on Insurance and Labor.

HB 222.

By Representatives Grindley of the 35th, Buck of the 135th, Irvin of the 45th, Graves of the 125th, Martin of the 145th and others:

A bill to amend Article 1 of Chapter 2 of Title 48, relating to state administrative organization relative to revenue and taxation, so as to change certain provisions relating to payments of certain moneys received by the commissioner or Department of Revenue to the Office of Treasury and Fiscal Services; and for other purposes.

Committed to the Committee on Finance and Public Utilities.

HB 235. By Representative Twiggs of the 8th:

A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to provide that a sheriff or employee of such officer shall be authorized to store for computer retrieval any or all records, dockets, books, indices, or files and to combine or consolidate any records, dockets, books, indices, or files in connection with the maintenance of any records required by law; and for other purposes.

Committed to the Committee on Defense, Science and Technology.

HB 257. By Representatives Martin of the 47th, Bordeaux of the 151st and Allen of the 117th:

A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, and Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, so as to enact the Uniform Fraudulent Transfers Act; and for other purposes.

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Committed to the Committee on Banking and Financial Institutions.

HB 259.

By Representatives Randall of the 127th, Martin of the 47th, Allen of the 117th, Jones of the 71st and Smith of the 109th:

A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to change provisions relating to issuance of warrants for arrest; to require probable cause; to allow issuance of a warrant based upon information from persons other than peace officers after notice and hearing; and for other purposes.

Committed to the Committee on Special Judiciary.

HB 260.

By Representatives Channell of the 111th, Parrish of the 144th, Hudson of the 120th, Powell of the 23rd and Coleman of the 142nd:

A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the conditions regarding loan and scholarship repayment; to change the provisions regarding signing of contracts; and for other purposes.

Committed to the Committee on Higher Education.

HB 265.

By Representatives Watson of the 70th, Davis of the 60th, Walker of the 141st, Hammontree of the 4th, Crawford of the 129th and others:

A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that any person who commits the offense of simple assault, simple battery, or battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature; and for other purposes.

Committed to the Committee on Special Judiciary.

HB 266. By Representatives Deloach of the 172nd and Holmes of the 53rd:

A bill to amend Code Section 21-2-413 of the Official Code of Georgia Annotated, relating to conduct of voters, campaigners, and others at polling places, so as to change the age of children who may accompany their parents into the enclosed space for voting and into the voting compartment or voting booth; and for other purposes.

Committed to the Committee on State and Local Governmental Operations (General).

HB 269.

By Representatives Manning of the 32nd, Williams of the 114th, Henson of the 65th, Ashe of the 46th and Trense of the 44th:

A bill to amend Code Section 37-2-7 of the Official Code of Georgia Annotated, relating to the state plan for disability services, so as to provide for guidelines for planning lists for the provision of certain disability services, when such services are not available at the time of the request; to provide for guidelines for a registry of persons who have been diagnosed with certain disabilities but have not yet requested services; and for other purposes.

Committed to the Committee on Health and Human Services.

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HB 298.

By Representatives Wiles of the 34th, Crawford of the 129th, Martin of the 47th, Stuckey of the 67th, Teper of the 61st and others:

A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to ratify the National Crime Prevention and Privacy Compact established by Section 217 of the Subtitle A of Title LL of federal Public Law 92-544; to define certain terms; to provide duties for the director of the Georgia Crime Information Center; and for other purposes.

Committed to the Committee on Judiciary.

HB 331.

By Representatives Powell of the 23rd, McCall of the 90th, Parham of the 122nd, Ehrhart of the 36th, Lucas of the 124th and others:

A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, 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 entertainment events at a price in excess of the price printed on the ticket; and for other purposes.

Committed to the Committee on Veterans and Consumer Affairs.

HB 337. By Representative Randall of the 127th:

A bill to amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the amount which sureties on criminal bonds may charge as compensation from defendants or from anyone acting for defendants; and for other purposes.

Committed to the Committee on Judiciary.

HB 351.

By Representatives Buckner of the 95th, Henson of the 65th, Manning of the 32nd and Snow of the 2nd:

A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of professions and businesses, so as to require that members of state examining boards reside in this state on a full-time basis during their terms of office; and for other purposes.

Committed to the Committee on State and Local Governmental Operations (General).

HB 361.

By Representatives Coleman of the 80th, Benefield of the 96th, Coleman of the 142nd, Parrish of the 144th, Channell of the 111th and others:

A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Southeastern Railway Museum as the official state transportation history museum; and for other purposes.

Committed to the Committee on Economic Development, Tourism and Cultural Affairs.

HB 414.

By Representatives Stuckey of the 67th, Walker of the 141st, Bordeaux of the 151st, Sauder of the 29th, Dix of the 76th and others:

A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to provide for notice to temporary guardians of minors upon the application of the natural guardian for dissolution of the temporary guardianship; and for other purposes.

Committed to the Committee on Judiciary.

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HB 415.

By Representatives Stuckey of the 67th, Sauder of the 29th, Walker of the 141st, Bordeaux of the 151st, Dix of the 76th and others:

A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to agency, so as to clarify provisions relating to the effect of the appointment of a guardian of the property on a written power of attorney; to amend the statutory form for financial power of attorney and the explanation of such form for principals to clarify that appointment of a guardian of property terminates such agency; and for other purposes.

Committed to the Committee on Judiciary.

HB 416.

By Representatives Stuckey of the 67th, Walker of the 141st, Bordeaux of the 151st, Sauder of the 29th, Dix of the 76th and others:

A bill to amend Chapter 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable powers of attorney for health care, so as to clarify the effect of appointment of a guardian upon a durable power of attorney for health care; to provide that a health care agency which survives incapacity or incompetency shall not be revoked solely by the appointment of a guardian or receiver for the principal; and for other purposes.

Committed to the Committee on Judiciary.

HB 423. By Representatives Ragas of the 64th and Martin of the 47th:

A bill to amend Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to the prosecution of traffic offenses, so as to provide procedures for the filing of uniform traffic citations; to provide definitions; to provide for jurisdiction and powers of county recorders' courts; and for other purposes.

Committed to the Committee on Public Safety.

HB 429. By Representative Crawford of the 129th:

A bill to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to cancellation by the grantee or holder upon payment of the indebtedness secured by a mortgage or conveyance to secure debt, so as to change a provision relating to liability of the grantee or holder for failure to transmit a cancellation of the mortgage or conveyance to secure debt upon payment of the indebtedness; and for other purposes.

Committed to the Committee on Banking and Financial Institutions.

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; and for other purposes.

Committed to the Committee on Veterans and Consumer Affairs.

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HB 449.

By Representatives Henson of the 65th, Bannister of the 77th, Ragas of the 64th, Dix of the 76th, Teper of the 61st and others:

A bill to amend Code Section 12-3-194.1 of the Official Code of Georgia Annotated, relating to the police and legislative powers of the Stone Mountain Memorial Association, so as to provide for the exercise of police powers by the association; and for other purposes.

Committed to the Committee on Economic Development, Tourism and Cultural Affairs.

HB 467. By Representative Howard of the 118th:

A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that it shall be unlawful for any promotional offer to require an offeree to pay any money, including but not limited to, any service fees, mailing fees, or handling fees to receive a prize; and for other purposes.

Committed to the Committee on Veterans and Consumer Affairs.

HB 470.

By Representatives Sims of the 167th, Byrd of the 170th, Mosley of the 171st, Royal of the 164th, Scott of the 165th and others:

A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions related to revenue and taxation, so as to impose a tax upon certain individuals' profits derived from accounts, descriptions, publishing a book or article, making a public appearance, or participating in any commercial activity concerning certain crimes committed within the State of Georgia; and for other purposes.

Committed to the Committee on Veterans and Consumer Affairs.

HB 482. By Representatives Connell of the 115th and Martin of the 47th:

A bill to amend Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a minor, so as to change certain penalty provisions applicable to such offense; and for other purposes.

Committed to the Committee on Judiciary.

HB 487. By Representative Burkhalter of the 41st:

A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide for notice prior to certain premium increases; and for other purposes.

Committed to the Committee on Insurance and Labor.

HB 496.

By Representatives Martin of the 145th, Day of the 153rd, Bunn of the 74th, Ponder of the 160th and Jamieson of the 22nd:

A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the criteria for eligibility for special license plates for persons with disabilities; and for other purposes.

Committed to the Committee on Finance and Public Utilities.

HB 506. By Representative Ashe of the 46th:

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A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide for funding of foreign language instruction in primary, upper elementary, and middle grade programs; and for other purposes.

Committed to the Committee on Appropriations.

HB 513.

By Representatives Tolbert of the 25th, Shaw of the 176th, Golick of the 30th, Burkhalter of the 41st and Maddox of the 72nd:

A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older; and for other purposes.

Committed to the Committee on Insurance and Labor.

HB 518. By Representative Royal of the 164th:

A bill to amend Code Section 48-2-44 of the Official Code of Georgia Annotated, relating to penalty and interest on failure to file a return or pay revenue held in trust for the state and penalty and interest on failure to pay ad valorem tax, so as to change certain provisions for the disposition of certain interest; and for other purposes.

Committed to the Committee on Finance and Public Utilities.

HB 523. By Representatives Royal of the 164th and Buck of the 135th:

A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for comprehensive revision of the method and manner of calculating and determining the assessment ratio of assessed value to fair market value; and for other purposes.

Committed to the Committee on Finance and Public Utilities.

HB 524. By Representatives Royal of the 164th and Buck of the 135th:

A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, so as to change certain provisions regarding tax credits for certain business enterprises; and for other purposes.

Committed to the Committee on Finance and Public Utilities.

HB 550. By Representatives Purcell of the 147th, Jamieson of the 22nd and Greene of the 158th:

A bill to amend Code Section 20-2-150 of the Official Code of Georgia Annotated, relating to eligibility for enrollment in the public schools, so as to provide that persons who have reached their eighteenth birthday by September 1 shall not be eligible for enrollment; and for other purposes.

Committed to the Committee on Education.

HB 552.

By Representatives Davis of the 60th, Martin of the 47th, Walker of the 141st and Campbell of the 42nd:

A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications for the office of judge of state court, so as to change the experience requirement for such office; and for other purposes.

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Committed to the Committee on Judiciary.

HB 564. By Representatives Shanahan of the 10th, Jamieson of the 22nd and Porter of the 143rd:

A bill to amend Code Section 12-5-374 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Natural Resources, so as to establish certain fees to be charged to owners of certain dams; and for other purposes.

Committed to the Committee on Natural Resources.

HB 566. By Representative Cummings of the 27th:

A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees retired under a public retirement system; and for other purposes.

Committed to the Committee on Retirement.

HB 573. By Representatives Martin of the 47th, Royal of the 164th and McKinney of the 51st:

A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to exclude certain costs from the definition of operating costs for certain purposes; to provide that the interest income from certain reserves may be used to pay operating costs; and for other purposes.

Committed to the Committee on State and Local Governmental Operations (General).

HB 576. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th:

A bill to amend Article 1 of Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to state public library activities, so as to authorize funding of cooperative library projects between the Department of Technical and Adult Education and the Department of Archives and History; and for other purposes.

Committed to the Committee on Higher Education.

HB 585.

By Representatives Teper of the 61st, Hugley of the 133rd, Taylor of the 134th, McBee of the 88th, Smith of the 12th and others:

A bill to amend Code Section 32-9-2 of the Official Code of Georgia Annotated, relating to operation of and financial assistance to mass transit systems, so as to authorize the Department of Transportation to participate in capital projects for mass transportation systems in certain circumstances; and for other purposes.

Committed to the Committee on Transportation.

HB 587. By Representative Dixon of the 168th:

A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators and probationary drivers' licenses, so as to provide that certain fees applicable to Class C drivers' licenses shall be applicable to replacements for lost or destroyed probationary drivers' licenses; and for other purposes.

Committed to the Committee on Public Safety.

HB 597. By Representatives Hammontree of the 4th and Shanahan of the 10th:

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A bill to amend Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, so as to require clerks of superior courts to maintain and make readily available to the public printed copies of the real estate grantor and grantee indices; and for other purposes.

Committed to the Committee on Special Judiciary.

HB 616. By Representatives Cummings of the 27th and Shanahan of the 10th:

A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to define certain terms; to amend the minimum funding standards applicable to public retirement standards to ensure compliance with federal law; and for other purposes.

Committed to the Committee on Retirement.

HB 617. By Representatives Cummings of the 27th and Shanahan of the 10th:

A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to enact the "Public Retirement Systems Investment Authority Law"; and for other purposes.

Committed to the Committee on Retirement.

HB 623. By Representatives Sims of the 167th and Channell of the 111th:

A bill to amend Code Section 48-5-491 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes owned and held by dealers, so as to provide that the assessed value of such mobile homes for ad valorem tax purposes shall be 50 percent of the invoice value for each such mobile home as reflected on the manufacturer's invoice; and for other purposes.

Committed to the Committee on Finance and Public Utilities.

HB 630.

By Representatives Lucas of the 124th, Walker of the 141st, Murphy of the 18th, Smyre of the 136th, Buck of the 135th and others:

A bill to amend Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to administrative space management, so as to require each state entity to submit an inventory of building space leased by such entity from a public or private entity to the Department of Administrative Services; and for other purposes.

Committed to the Committee on State and Local Governmental Operations (General).

HB 642. By Representatives Randall of the 127th, Dean of the 48th and Holmes of the 53rd:

A bill to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders and consent agreements, so as to provide that in situations where a protective restraining order is issued in connection with family violence, subsequent contact initiated by the person granted the order shall not constitute contempt on the part of the person against whom the order was issued; and for other purposes.

Committed to the Committee on Judiciary.

HB 649. By Representative Connell of the 115th:

A bill to amend Code Section 16-13-32.5 of the Official Code of Georgia Annotated, relating to manufacturing, distributing, dispensing, or possessing a controlled substance, marijuana, or a

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counterfeit substance within 1,000 feet of a park or housing project, so as to provide a penalty for the violation of one of two prohibited activities; and for other purposes.

Committed to the Committee on Judiciary.

HB 658.

By Representatives Buckner of the 95th, Manning of the 32nd, McBee of the 88th, Orrock of the 56th, Stanley of the 50th and others:

A bill to amend Code Section 50-12-80 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Commission on Women, so as to change provisions relating to the terms of membership; to provide for the removal of members for four consecutive unexcused absences; to require full-time Georgia residency; and for other purposes.

Committed to the Committee on Rules.

HB 668.

By Representatives Holland of the 157th, Hudson of the 156th, Coleman of the 142nd, Royal of the 164th, Teper of the 61st and others:

A bill to amend Code Section 45-18-2 of the Official Code of Georgia Annotated, relating to the authority of the State Personnel Board to establish a health insurance plan, so as to provide that certain changes to such plan shall be accomplished only in accordance with the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; and for other purposes.

Committed to the Committee on Insurance and Labor.

HB 670.

By Representatives Harbin of the 113th, Golick of the 30th, Channell of the 111th, Graves of the 125th and Parrish of the 144th:

A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance generally, so as to provide for required information to be provided on certain health policy insurance cards; and for other purposes.

Committed to the Committee on Insurance and Labor.

HB 686.

By Representatives Rice of the 79th, Squires of the 78th, Ashe of the 46th, Houston of the 166th, Rogers of the 20th and others:

A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to provide for a midterm adjustment in the amount of funds appropriated and allocated for the program for limitedEnglish-proficient students; and for other purposes.

Committed to the Committee on Education.

HB 701.

By Representatives Walker of the 141st, Floyd of the 138th, Ray of the 128th and Bohannon of the 139th:

A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of court for the Houston Judicial Circuit; and for other purposes.

Committed to the Committee on Judiciary.

HB 716. By Representatives McCall of the 90th and Benefield of the 96th:

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A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length of vehicles and loads, so as to change certain provisions relating to operation of automobile carriers on designated highways; and for other purposes.

Committed to the Committee on Transportation.

HB 720.

By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and Stanley of the 50th:

A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to prohibited lobbying practices, so as to provide that it shall be unlawful for any unit of state government to contract for or use public funds to pay for the services of a lobbyist; to provide for nonapplicability to activities of public employees; to provide for broad applicability to all units of state government and the personnel thereof; and for other purposes.

Committed to the Committee on Judiciary.

HB 734. By Representatives Childers of the 13th and Parsons of the 40th:

A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to abolish the office of the joint-secretary of the state examining boards and provide for actions taken prior to such abolition; and for other purposes.

Committed to the Committee on Veterans and Consumer Affairs.

HB 755. By Representatives Coleman of the 142nd, Parrish of the 144th and Royal of the 164th:

A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, so as to change provisions relating to state service delivery regions; and for other purposes.

Committed to the Committee on State and Local Governmental Operations (General).

HB 804.

By Representatives Stokes of the 92nd, Walker of the 141st, Martin of the 47th, Richardson of the 26th and Wiles of the 34th:

A bill to amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to the place of sessions and terms of the Supreme Court of Georgia, so as to change the terms of the court and the ending dates of certain terms; and for other purposes.

Committed to the Committee on Special Judiciary.

HB 809. By Representatives Williams of the 114th, Harbin of the 113th and Randall of the 127th:

A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less; and for other purposes.

Committed to the Committee on Insurance and Labor.

HB 811. By Representative Greene of the 158th:

A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Randolph County; and for other purposes.

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Committed to the Committee on State and Local Governmental Operations (General).

HB 816.

By Representatives Smith of the 109th, Holland of the 157th, Hudson of the 156th, Murphy of the 18th, Ray of the 128th and others:

A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to repeal provisions authorizing the State Construction Industry Licensing Board to issue cease and desist orders to prohibit persons from violating certain provisions of said chapter relating to the business or profession of a conditioned air contractor and providing for penalties for violations of such cease and desist orders; and for other purposes.

Committed to the Committee on Defense, Science and Technology.

HB 818. By Representative Harbin of the 113th:

A bill to amend Code Section 33-24-44 of the Official Code of Georgia Annotated, relating to cancellation of policies generally, so as to provide that notice of cancellation shall not be required in certain cases; and for other purposes.

Committed to the Committee on Insurance and Labor.

HB 819. By Representatives Stephens of the 150th, Heard of the 89th and Martin of the 145th:

A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for confidentiality of patients' medical information obtained by insurers from pharmacies or pharmacists; to prohibit release of such information to third parties without patient consent; and for other purposes.

Committed to the Committee on Insurance and Labor.

HB 823.

By Representatives Everett of the 163rd, Bridges of the 9th, Callaway of the 81st and Parham of the 122nd:

A bill to amend Code Section 40-2-8 of the Official Code of Georgia Annotated, relating to operation of unregistered vehicles or vehicles without current license plates, revalidation decals, or county decals, storage of unlicensed vehicles, jurisdiction, display of temporary notices, and disposition of fines, so as to provide for issuance of temporary plates for vehicles sold by dealers of new and used motor vehicles and display of such temporary plates on recently purchased vehicles prior to registration; and for other purposes.

Committed to the Committee on Judiciary.

HB 847.

By Representatives Cummings of the 27th, Shanahan of the 10th, Irvin of the 45th, McKinney of the 51st, Brooks of the 54th and others:

A bill 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 pension obligation bonds; and for other purposes.

Committed to the Committee on Banking and Financial Institutions.

HR 82.

By Representatives Smith of the 103rd, Benefield of the 96th, Snow of the 2nd, Parrish of the 144th, Cash of the 108th and others:

A resolution creating the Joint Highway Safety Study Committee; and for other purposes.

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Committed to the Committee on Transportation.

HR 96.

By Representatives Trense of the 44th, Richardson of the 26th, Bunn of the 74th, Snelling of the 99th, Smith of the 19th and others:

A resolution creating the State Commission on Drug Addiction; and for other purposes.

Committed to the Committee on Rules.

HR 121. By Representative Parrish of the 144th:

A resolution ratifying the alteration of regional development center boundaries established by the Board of Community Affairs; and for other purposes.

Committed to the Committee on State and Local Governmental Operations (General).

HR 154.

By Representatives Sims of the 167th, Byrd of the 170th, Hudson of the 156th, Skipper of the 137th, Floyd of the 138th and Smith of the 169th:

A resolution creating the Joint Manufactured Housing Study Committee; and for other purposes.

Committed to the Committee on Veterans and Consumer Affairs.

HR 215.

By Representatives Smith of the 103rd, Stallings of the 100th, Epps of the 131st, West of the 101st, Brown of the 130th and others:

A resolution creating the Joint West Georgia River Protection Act Study Committee; and for other purposes.

Committed to the Committee on Natural Resources.

HR 268.

By Representatives Davis of the 60th, Martin of the 47th, Walker of the 141st and Campbell of the 42nd:

A resolution proposing an amendment to the Constitution so as to change the experience requirement for eligibility for the office of state court judge; and for other purposes.

Committed to the Committee on Judiciary.

HR 330. By Representatives Purcell of the 147th, Walker of the 141st and Skipper of the 137th:

A resolution creating the Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion; and for other purposes.

Committed to the Committee on Rules.

Serving as doctor of the day was Dr. Bobby Kauffman.

Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 12:03 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, January 11, 2000 Second Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 384.

By Senators Starr of the 44th, Walker of the 22nd and Johnson of the 1st:
A resolution to notify the Governor that the General Assembly has convened; and for other purposes.

The Speaker has appointed as a Committee of Escort on the part of the House the following members: Representatives Smyre of the 136th, Walker of the 141st, Skipper of the 137th, Williams of the 114th, Whitaker of the 7th, Coleman of the 142nd and Ashe of the 46th.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 290.

By Senators Hecht of the 34th, Thompson of the 33rd, Starr of the 44th and others:
A bill to be entitled an Act to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, so as to enact the "Georgia Mentoring Act of 2000"; to make legislative findings; to authorize the office of the Governor to develop and implement a state-wide strategy to provide academic support and guidance to students through mentors; to authorize the office of the Governor to award grants to local school systems to administer academic volunteer and mentor service programs; to provide for the use of such funds; to provide for the contents of applications for such grants; to provide for awards for outstanding academic mentors; to provide for reports to the General Assembly; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

SB 291.

By Senators Balfour of the 9th, Ray of the 48th, Price of the 56th and Burton of the 5th:
A bill to be entitled an Act to provide for a homestead exemption from certain Gwinnett County School District ad valorem taxes for educational purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to the current owner;

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to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SB 292. By Senators Ray of the 48th, Balfour of the 9th, Burton of the 5th and Price of the 56th:
A bill to be entitled an Act to provide for a homestead exemption from certain Gwinnett County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SB 294. By Senators Cheeks of the 23rd, Broun of the 46th, Harbis on of the 15th and others:
A bill to be entitled an Act to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, so as to create the criminal offense of unlicensed commercial loan sharking; to define the elements of such offense as making certain numbers of loans which violate the criminal usury statute; to provide for investigatory jurisdiction of the administrator of the "Fair Business Practices Act of 1975"; to provide for authority of the Attorney General to initiate and refer prosecutions; to prescribe criminal penalties and punishment, including restitution; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banking and Financial Institutions.
SB 295. By Senators Hecht of the 34th, Lee of the 29th, Polak of the 42nd and others:
A bill to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to require each local governing authority to prepare and compile a general codification of all ordinances of such local governing authority having the force and effect of law; to provide for amendments; to provide for printing and distribution; to establish the State Law Library as the official state repository of such codes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
SB 296. By Senator Cheeks of the 23rd:
A bill to be entitled an Act to provide homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of the homestead for the taxable year beginning on January 1, 2001, for certain residents of that school district who have annual incomes not exceeding $40,000.00 and who are 65 years of age or older; to provide a homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of the homestead for each taxable year beginning on or after January 1, 2002, for certain residents of that school district who are 65 years of age or older without regard to income; to provide for definitions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

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SB 297. By Senators Brown of the 26th, Ladd of the 41st, Polak of the 42nd and others:
A bill to be entitled an Act to amend Title 4 of the O.C.G.A., relating to animals, so as to change certain references relating to cruelty to animals; to include a certain reference relating to animal fighting; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to revise comprehensively the law relating to the offense of cruelty to animals; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
SB 298. By Senator Egan of the 40th:
A bill to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous uniform rules of the road, so as to change certain provisions relating to requirement of driver to exercise due care and allowance of proper use of radios and mobile telephones; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 299. By Senator Egan of the 40th:
A bill to be entitled an Act to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the "Revenue Bond Law," so as to provide for registration of certain bonds upon the purchaser's request; to provide that such bonds shall be inscribed with the purchaser's name and mailed to the purchaser; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banking and Financial Institutions.
SB 300. By Senator Broun of the 46th:
A bill to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define certain terms; to provide that a qualified charitable gift annuity issued by a charitable organization operated under the University System of Georgia shall not constitute engaging in the business of insurance; to provide for certain notices; to provide for the effects of failure to provide such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
SB 301. By Senator Cheeks of the 23rd:
A bill to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of certain prosthetic devices; to provide for definitions; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SR 388. By Senators Crotts of the 17th and Guhl of the 45th:
A resolution honoring Bernie Bourdon and designating the Bernie Bourdon Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.
The following bill of the House was read the first time and referred to committee:

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HB 520.

By Representatives West of the 101st, Stallings of the 100th, Bridges of the 9th, Day of the 153rd, Murphy of the 18th and others:

A bill to amend Code Section 32-6-29 of the Official Code of Georgia Annotated, relating to law enforcement functions of the Department of Transportation, so as to provide that the commissioner shall authorize enforcement officers of the department to make use of drug detection dogs; to provide for enforcement powers of such officers with respect to unlawful drugs and controlled substances; and for other purposes.

Referred to the Committee on Transportation.

The roll was called and the following Senators answered to their names:

Balfour Bowen Broun Brown Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden Guhl

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

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

Those not answering were Senators:

Blitch Ray

The following member was off the floor of the Senate when the roll was called:

Senator Ray of the 48th.

The members pledged allegiance to the flag.

Prayer was offered by Pastor Bobby Brewer of the Cathedral of the Holy Spirit, Decatur, Georgia.

The following resolutions were read and adopted:

SR 389. By Senator Cheeks of the 23rd:

A resolution commending the Burroughs/Davis family of Burke County; and for other purposes.

SR 390. By Senators Meyer von Bremen of the 12th and Broun of the 46th:

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A resolution commending and recognizing Mr. James E. "Jim" Ervin of Albany; and for other purposes.
SR 391. By Senator Broun of the 46th:
A resolution commending Clarke Central High School on winning the 1999 National High School Mock Trial Championship; and for other purposes.
SR 392. By Senator Broun of the 46th:
A resolution commending Andy Baumgartner, 1999 National Teacher of the Year; and for other purposes.
SR 393. By Senator Broun of the 46th:
A resolution commending the University of Georgia women's gymnastics team; and for other purposes.
SR 394. By Senator Broun of the 46th:
A resolution commending the University of Georgia golf team on winning the Bulldog's first national championship in golf; and for other purposes.
SR 395. By Senator Broun of the 46th:
A resolution commending the University of Georgia women's swimming team on winning the NCAA swimming and diving championship; and for other purposes.
SR 396. By Senator Broun of the 46th:
A resolution commending the University of Georgia men's tennis team on winning the 1999 NCAA Tennis Championship; and for other purposes.
SR 397. By Senator Broun of the 46th:
A resolution commending Ed Hoard; and for other purposes.
Pursuant to HR 744, the President announced the Committee of Escort for the Joint Session: Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Starr of the 44th, Walker of the 22nd, Burton of the 5th and Smith of the 25th.
Senator Dean of the 31st introduced the doctor of the day, Dr. Douglas Huber.
Senator Walker of the 22nd moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. tomorrow, and the President announced the motion prevailed at 10:40 a.m.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a message from His Excellency, Governor Roy Barnes, was called to order by the President of the Senate. HR 744 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.
His Excellency, Governor Roy Barnes, addressed the Joint Session of the Senate and the House of Representatives as follows:
Lieutenant Governor Taylor, Speaker Murphy, Members of the General Assembly:
The good times we live in don't always mean easy choices.

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The good news is a strong economy. The hard question is how to use it to invest in our future.
Many of you want to invest by spending the money to preserve our natural resources and maintain the quality of life that makes Georgia a great place to live.
Many want to develop our human resources to keep our economy prosperous and growing.
Others say the best investment we can make is returning money to taxpayers to reinvest. It reminds me of a court case I once saw.
When the prosecutor finished presenting her case, the judge said "You know, I believe you're right."
Then the lawyer for the defendant got up and made his argument. And, after he finished, the judge said "I can't argue with that."
Well, about that time, the bailiff leaned over to whisper in the judge's ear: "Excuse me, your honor, but both sides can't be right."
So the judge scratched his chin and said, "You know, you're right too." And just like that judge, you are all correct.
The fact is: Georgia is a national pacesetter in tax relief.
Just in the last six years, we've taken the sales tax off groceries, repealed the intangibles tax, and cut state income taxes twice by increasing the state exemption and two more times by raising the exemption for dependents.
We've cut taxes by increasing the standard deduction for taxpayers over 65, excluding more of the income of retirees.
And we will exclude even more this year. We've increased job tax credits, and provided new tax credits for child care.
Last year we passed the largest tax cut in Georgia's history - a $1 billion reduction in the unemployment tax that took effect last week.
And last year we also cut the last tax that had escaped the knife: property taxes.
I'm recommending that we double that property tax cut to $166 million this year. This is the second installment in my eight-year plan to raise the homestead exemption to $50,000 for Georgia homeowners. While taxpayers reinvest this tax cut in today's economy, we need to invest for tomorrow.
One way to do that is keeping a little money in the bank.
If we spend everything we have now, when times are good, we'll be back here in a special session cutting the budget when a recession hits.
That's what happened in 1991.

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And I don't want that to happen again on my watch. That's why we have estimated revenues below current collections. An even more important way to invest in our future is to invest in our children. No investment we can make will pay higher dividends than education reform. We all know our schools aren't where they need to be. They aren't even close. And we all know that the most important thing we can do -- not just for our children, but also for our economy and our quality of life in decades to come -- is to start improving our schools right now. Because tomorrow won't wait. The future of Georgia will be determined by the education of our workforce. And that's not something you can change overnight. It takes 17 years for a child to go through our education system, and that means it will be at least that long before we see the final product of the work we start today. We can make sure children graduate with the skills they need. We can make sure that they will be able to get good jobs. And we can make sure that companies will create jobs here because of our educated workforce. And, because of all that, we can make sure that Georgia will continue to prosper. The greatest part of improving education is not money - even though that is important. The greatest part is accountability. That's why I'll present most of my education proposals later this week instead of today's budget document. But some of the things we need to do have a price tag, and first among them is early intervention. We have known for years that reducing class sizes in the earliest years is one of the surest ways to help students learn. This budget does that. For students performing below grade level in kindergarten through third grade, we are going to cut the studentteacher ratio by more than half. Right now, the average student-teacher ratio in Georgia is 25 to 1. For students in kindergarten through third grade who need it the most, there will be no more than 11 students for every teacher. And this budget cuts the maximum class size to 20 for all other K-3 classes.

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If a school system claims it doesn't have the space to have classes this small, then we'll make them do it by putting two teachers in a classroom.
The days are over when school bureaucrats can hoard money for their administrative expenses by making classes in our early grades too large.
We're also going to put counselors in every school, including every elementary school. And to make sure they can do the job, we're lowering the counselor to student ratio as well - from as high as 624 to 1 in the middle school grades to 400 to 1 in every grade from kindergarten through high school.
I am also recommending that we increase the number of social workers and school psychologists by over a third because we recognize that the children of today come to school with problems that did not exist just a few years ago.
And if we want to stop the violence in our public schools, let us give our teachers the tools to deal with our problem children.
School and system administrators - and there are many good ones - have complained for years that essential functions like maintenance and operations are short-changed in the QBE formula. I agree.
I am recommending the largest increase ever: from the current $268 per student to $300 per student.
Another area where we have fallen short is funding for the additional training and experience teachers have that is not included in the QBE formula.
We have always funded this based on 2-year-old data.
We now have the technical capability to shorten this time lag to one year, and I recommend that we do it.
This one action will provide $28 million dollars in state money and free up an equal amount at the local level.
I think we all know how important technology is to our schools.
And by now we should also know that buying the hardware doesn't do much good if we don't teach the teachers much less the students - how to use it.
This budget doubles the number of technology specialists and gives local systems an additional $25 million to implement this important function.
It also puts a school nurse in every school, because teachers should teach rather than spend their time dispensing medication.
And it beefs up our alternative schools for students in grades 6-12.
If we combine our current In-School Suspension and Alternative School programs with $13 million in new state funds, we can create a new program in the QBE formula that can work for those students who are not succeeding in the regular program and whose frustration is preventing others from succeeding.
This proposal will increase the average funding for an alternative school student from the current $1,694 per student to a more adequate level of $3,375 per student.
We also recognize that for children to learn, they can't fall behind. Some children, in order to keep up, must have an extended day and an extended year.
The budget that I recommend to you today has funding for 20 additional days of instruction for 10% of the school population of this state.

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We must recognize that Georgia is a growing economy, but it also has a changing population.
Many of our new students have difficulty in understanding and speaking the English language.
Our English for Speakers of Other Languages program is funded in this budget at a ratio of one instructor to seven students.
If we are to improve student achievement, all segments of our population must advance. This funding assures that those with some of the greatest difficulty in understanding instruction are given an equal opportunity to learn. In order to increase the quality of instruction, it is necessary that teachers and administrators, like the students they teach, continue to learn. This essential function is referred to as staff development and improvement.
Historically, funding for continuing education of teachers and administrators has been inadequate and irregular.
The budget I submit today sets aside 1.5% of the salaries of our teachers and administrators for continuing education programs.
After reviewing the ways we currently spend money for education, I have included several cuts. The most important of these is a decrease in funding for administration.
Under the proposal I send to you today, the state will fund a superintendent, an accountant, and a secretary for every school system.
For systems up to 5,000 students, two assistant superintendents will be funded.
For systems between 5,000 and 10,000 students, four assistant superintendents will be funded. And for systems over 10,000 students, eight assistant superintendents will be funded.
Additionally, no more than one principal will be funded in any local school.
Now, let me tell you something, if a school system can't operate with a superintendent and eight assistant superintendents, something is badly wrong.
The net effect of these changes, including the cuts, is an additional expenditure of $133 million. This does not include money for the growth in our school population -- which is also funded - or for salary increases - which I will describe later. As I said earlier in my remarks, money is not the only answer to the improvement of education -- but it is a part of the solution. We cannot seek to hold educators accountable unless we are held accountable for providing adequate funding for education. This proposed budget also addresses funding equity.
Our constitution says very plainly that Georgia is to provide an adequate public education for its citizens.
It doesn't say anything about where they live or how much money is in their county till.

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We passed the Quality Basic Education Act in 1985 to repair the inequities in our school funding before a court held our feet to the fire and made us do it, as has happened in all too many other states.
Unfortunately, the gap in resources between wealthy school systems and poorer ones has widened since then, and many local systems can no longer provide their students with the educational opportunities the constitution guarantees and requires of them.
To address these inequities, I am proposing a variety of strategies -- from providing more resources in the QBE funding formula to changing the equalization program so that more state funds flow to those systems that need them most.
Over the last several years, teacher salaries in Georgia have become competitive. This year, I am recommending a three percent across-the-board salary increase for teachers and for Board of Regents faculty and support staff, technical school teachers, public librarians, and adult literacy instructors.
I am also proposing $155 million to increase the state's contribution to teacher health insurance and another $25 million for health insurance for non-certified personnel and retired teachers.
I have included nearly $500,000 to pay the tuition of teachers who successfully complete the training for National Board Certification by November of this year.
Those who achieve national certification will receive a ten percent salary supplement.
National Board Certified teachers are leaders in their schools.
We should recognize this leadership where it counts: at the bank.
I have also recommended $1.5 million for the Georgia Learning Connection -- a web-based computer tool allowing teachers to access up-to-date instructional information and make lesson plans - and $34.4 million in Lottery money for technology equipment and training.
If high school students are enterprising enough to take college courses, they deserve our financial support. That's why this budget contains $1.5 million in Lottery funds to accommodate anticipated growth in the Post Secondary Options program. This will allow qualified high school students to take courses for college credit.
Following the recommendation of the Education Reform Study Commission, I am proposing $8.4 million so that operations enrollment at technical institutions can be budgeted on a student enrollment formula basis.
For technical schools, I am also requesting $12.5 million to replace obsolete equipment, as well as $5.4 million for major repairs.
The HOPE Scholarship program has been one of Georgia's great success stories, and I am proposing $196 million in Lottery money to fund it this year.
The greatest issue confronting the Board of Regents this year is its transition from the quarter system to the semester system. This has cost $103 million.
Enrollment will eventually increase again, and I am requesting $47 million to keep our colleges and universities from losing staff and other resources while the enrollment figures recover.
As I said earlier, most of my education accountability proposals will come on Thursday, but I have included $3 million in this proposed budget to start monitoring the performance of our schools.

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That's what it will take to run an Office of Education Accountability that will develop the accountability system for pre-kindergarten, elementary and secondary schools, colleges, technical schools, and others - and then gather and analyze the data we need to determine student and school progress.
And for that Office to do its job, it has to be independent of all of the education bureaucracies.
We all know that health problems caught early are often health problems prevented.
It is vital that we expand Medicaid and PeachCare for Kids to cover many of the Georgians who do not have health insurance now.
Medicaid is a health care service whose value can never be quantified. PeachCare for Kids has reached its two-year enrollment goal in its first year of existence.
In fact, Georgia's enrollment plan for PeachCare for Kids was recognized as a "best practice" at three national conventions last year.
PeachCare for Kids provides comprehensive health care coverage for uninsured children through the age of 18 who do not qualify for Medicaid.
There are nearly 140,000 children in our state who qualify for this program, and the Department of Community Health is working very diligently to enroll those children who are not yet covered.
Another area of dire need is dental care, especially for children.
With that in mind, I am asking for $10.9 million to more than double reimbursements for Medicaid and PeachCare for Kids dentists, many of whom have stopped accepting these patients because they can't afford to treat them.
As you know, I am also recommending a significant portion of the tobacco settlement funds for health care initiatives.
We can begin to help the neediest among the 1.3 million Georgians who have no health insurance by appropriating $7.7 million to provide Medicaid coverage for pregnant women and infants up to 235% of the federal poverty level. We can also help reduce or eliminate waiting lists for home and community based services by combining available federal funds of $19 million with $16.6 million in tobacco settlement funds to address the problem.
I am also recommending almost $21 million in tobacco settlement funds for anti-smoking education efforts targeted toward young people. This program meets the nine criteria recommended by the Centers for Disease Control.
Two million dollars in tobacco settlement funds will help us take advantage of recent developments in medical technology that now allow doctors to address and remedy hearing problems in young children before they begin to affect their development.
And that's not the only reason I am recommending $2 million for a statewide infant hearing screening program.
Marie has insisted that I put this money in the budget for Georgia's children, and, if you decide to take it out, let me assure you that she has the telephone number of each and every one of you.
Finally, $30 million in tobacco settlement funds will provide the school nurses that I mentioned earlier.
General funds will also address many of Georgia's health care needs. We can save almost $40 million by bringing on board a Pharmacy Benefits Manager for these two programs to bring down drug costs that have gotten out of hand.
I'm also recommending $1.25 million to address needs in cancer screening and follow-up services, and $350,000 to expand the state cancer treatment registry to northeast Georgia.

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We all know about the problems in Child Protective Services.
I am proposing a new Child Advocate, independent of the Division of Family and Children Services, to investigate and intervene in child abuse and fatality cases - and make sure the cases we have all read about don't happen again.
In support of this legislation, I'm also requesting $4.1 million in state funds to combine with already available federal money to start an early outreach program for at-risk families. This program will target poor and first-time parents, as well as mothers and fathers with substance and alcohol abuse problems.
In our effort for Georgia to better and more efficiently deliver the services of the State, we must not forget about our state employees.
I have recommended to you in this budget a three percent increase under Georgia Gain for state employees.
Additionally, for those who are at the top of their targets, I have recommended a three percent increase.
This is the first such increase in four years for those dedicated employees with little or no headroom for performance based increases.
For Georgia Gain to work, we must assure that our employees are paid at least the beginning target for the position they hold. Among these jobs are hospital workers, house parents, food service employees, clerks and secretaries, caseworkers, nurses and health services workers. Turnover has reached 40 percent in some of these job classes.
This would cost $30 million; however, turnover is costing us close to $250 million in state government.
So I have taken the first step this year to remedy this situation which is causing unproductive turnover by adding $10 million to begin the process of bringing employees to their beginning target.
In addition, I am also proposing an additional three percent for certain front line workers where turnover is reaching crisis proportions including probation and parole officers, child protective services workers, and POST-certified DNR officers.
For too long, economic opportunity has divided us into two Georgias: thriving areas of prosperity and growth . . . and rural areas left behind . . . islands of poverty in a sea of material wealth.
To remedy that, I propose we use one-third of Georgia's tobacco settlement money to establish the OneGeorgia Fund.
Sixty-three million dollars this year -- and $ 1.6 billion over the next quarter-century -- to promote sustained economic growth throughout rural Georgia.
A series of planned and coordinated investments that communities can build on.
These initiatives mean more than dumping money piecemeal on far-flung communities that have nothing to do with each other.
They are a commitment to regional prosperity - because economic prosperity - like economic stagnation -- doesn't stop at the county line.
The economic jump-start of OneGeorgia will help the people of rural Georgia use their natural resources and abilities to bring prosperity home.
Georgia already leads the nation in the rate of creation of advanced technology jobs. But in a world of disappearing trade barriers, we must do more. We must push to become one of the top high-tech regions in the world.
To do that we need high-tech research, development, and marketing that are geared toward economic productivity.

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Another important program to spur economic growth in the 21st century is the Yamacraw Mission, which was launched last year to make Georgia second to none in designing electronic components for the communications and computer industries.
By designating $12.7 million in new funds for Yamacraw this year - combined with $34 million for the Georgia Research Alliance - we can help to solidify Georgia's position among the world's technology centers.
Another area where Georgia is a leader is quality of life.
Georgia has prospered and grown because this is a great place to live.
Trees. Forests. Rivers. And plenty of land for children to play.
But if we keep losing 50 acres of green space a day, there won't be enough left for the parks and playgrounds our children need.
Our children deserve the quality of life we grew up with, and it's up to us to make sure they have it.
The Chattahoochee River is a prime example. Not only do we rely upon it for our water, but this is a river great in history and beauty.
What we hope to do with help from the private sector is to preserve 167 miles of this river, from the headwaters near Helen all the way down to Columbus. The $20 million appropriated in this year's supplemental budget will be matched by private funds for this critical program.
To expand the Chattahoochee River protection initiative to other natural resources around the state, I am recommending $30 million this year for the Governor's Community Green Space program.
This program will provide grants to locale entities to encourage them to preserve at least 20 percent of their land for undeveloped, publicly accessible green space.
To further address quality of life, I am also proposing $3 million for 65 new positions in the Environmental Protection Division of the Department of Natural Resources to address issues of air quality, water pollution, and hazardous waste management.
If we don't provide better enforcement of our natural resource protection laws, how can we assure that future generations of Georgians will enjoy the same natural beauty and recreational resources we enjoy today?
A quality of life issue we began to address last year is transportation. But the steps we took last year are only the first steps down a long road.
For FY 2001, I'm asking you to provide an additional $1.6 million for the Georgia Regional Transportation Authority.
This is in addition to the amount which I have proposed in the Supplemental Budget, where I recommended $12 million.
Part of this money will have an immediate impact. Buses in Clayton County and vans for regional vanpools will be up and running no later than the end of this year's ozone season.
For continued long-range planning, new funds will allow GRTA to study the feasibility of a regional bus system, rail transit between Cumberland Mall in Cobb County and midtown Atlanta, and the potential for passenger rail service in Georgia.

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My top priority for GRTA continues to be the development of a comprehensive plan that addresses not only how commuters get from Mableton to Atlanta, but also how to ensure that poorly planned growth and excessive pollution don't make both Mableton and Atlanta places no one wants to live.
Let's face it, Metropolitan Atlanta is to the Georgia economy what the heart is to the human body: the engine that makes it run when it's healthy, and something that can die when its arteries get clogged.
Transportation -- like education -- is an issue we can't set aside any longer. And, like education, our approach to transportation solutions must be comprehensive.
GRTA, the Department of Transportation, and the Rail Passenger Authority are working together to do just that. So far they have done a good job with a tough problem.
Georgia's correctional facilities are a major part of what we do to protect our families from harm.
And as our population expands, so do the numbers in our prisons and county work camps.
This year, I am proposing $2.5 million to make operational 1,000 county work camps beds, as well as $2.2 million to open the new Dodge State Prison in October and another $7.3 million to fully fund a total of 1,168 beds at six prisons, transitional centers, and detention centers across the state.
As I said to you last year, there is no reason why prisoners shouldn't work to pay back their debt to society.
It is essential that Georgia have a correctional system that allows judges the option of placing non-violent offenders in facilities other than the more expensive maximum-security facilities so that we can keep those available for violent offenders.
These new appropriations will increase the alternative beds available by 2,568, an increase of nearly 50 percent.
I encourage the Department of Corrections to find the cheapest and safest way to operate its facilities, whether that means privatizing them or letting the state operate them.
This year's prison bed add-ons will bring Georgia's adult prison capacity to over 47,000.
Finally, I have included $12.8 million to fulfill the commitment outlined in the Department of Juvenile Justice's Memorandum of Agreement with the United States Department of Justice.
These funds include $2 million for medical and dental services, $2 million to provide alternatives to incarceration, and $750,000 for vocational education programs.
In addition, I am requesting $7.4 million to hire 73 new intensive supervision officers for at-risk youth and to phase in 300 more juvenile correctional officers. These are also expenditures required by the Memorandum of Agreement.
As I look out across this chamber, I see history -- some of which I am proud to say I witnessed - and in some of which I was even able to play a small part.
Behind me sits one living legend . . . and another who may be on his way.
I also see many lawmakers squirming in their seats.
After 23 years in this building - not counting my two years in exile -- I'll bet I can guess why.
I know budget speeches aren't very exciting.
I don't think I've ever seen a line from one in a book of quotations.

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The only people who get excited over numbers are economists, and you know what is said of them: ask two economists their opinion, and they will give you three answers. And I know there's somebody in this room that's unhappy they didn't hear about their budget item.
I say that because there are many good proposals that didn't make it.
I received $1.5 billion more in agency budget requests than we have in revenues. And nobody's ever brought down that magic wand I keep asking for.
Nevertheless, I believe you have some good proposals in front of you. And I emphasize "proposal" because right now that's all they are.
In my first year in this job, I've heard it said that I may be trying to do too much too fast.
Well, we all have our weaknesses, and I guess if you have to have one, then trying too hard is as good as any. But I know this: I can't do anything without you - and I wouldn't have it any other way.
I've sat next to you in these chambers.
Like you, I've lived for weeks at a time on crackers and Diet Coke. I've shaken hands until they blistered and had my back slapped until I thought it was corporal punishment. I've watched the big board up there to see if my bill would pass. And I've seen the Speaker's gavel mark the end for some of my projects.
In our constitutional system, the working relationship between the executive and legislative branches of government is like a marriage.
It's set in law, based on respect, can't last without compromise, and works best when the partners treat each other as equals.
Don't get me wrong. There's only one person in this room that I want to have or to hold, and she said "I do" almost 30 years ago.
And with her help and yours, I think there are some great things that we can do this year.
So let's get started. Thank you.

The President of the Senate announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. tomorrow.

Wednesday, January 12, 2000

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Senate Chamber, Atlanta, Georgia Wednesday, January 12, 2000 Third Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the clerk thereof: Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 387.

By Senators Hooks of the 14th, Starr of the 44th and Walker of the 22nd:

A resolution relative to adjournment; and for other purposes.

The following bills of the Senate were introduced, read the first time and referred to committees:

SB 302. By Senators Brown of the 26th, Kemp of the 3rd and Butler of the 55th:

A bill to be entitled an Act to amend Code Section 40-2-8.1 of the Official Code of Georgia Annotated, relating to the operation of a vehicle without a revalidation decal on the license plate, so as to provide that a person shall not be subject for the offense of failing to have the required revalidation deal affixed to the license plate of the vehicle such person is operating if it is proven that the proper revalidation decal had been obtained prior to the time of the offense; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 303. By Senator Brown of the 26th:

A bill to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to prohibit recovery of damages by certain persons who are injured while committing a criminal act; to proscribe the proof that a victim could use in support of his or her immunity; to allow a civil action against a victim by the perpetrator of a crime to be stayed pending the final outcome of the criminal trial of the perpetrator; to allow for the award of attorneys' fees and costs to a victim who is a defendant in a civil case under certain circumstances; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 304. By Senators Land of the 16th, Hecht of the 34th and Meyer von Bremen of the 12th:

A bill to be entitled an Act to amend Article 1 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to local indigent defense programs, so as to provide for a legislative finding; to

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provide the circumstances under which third-year law students may appear on behalf of the defense in criminal proceedings before the courts; to provide for a short title, definitions, procedures, oaths, certificates, and orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 305.

By Senators Polak of the 42nd, Golden of the 8th, Hecht of the 34th and Lamutt of the 21st:
A bill to be entitled an Act to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration matters regarding public officers and employees, so as to make certain findings regarding the benefits of telecommuting; to require each department or agency of state government to adopt policies to allow and encourage telecommuting; to require the Governor, or the Governor's designee, to coordinate such efforts so that at least 10 percent of state employees will be telecommuting by the year 2002; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Defense, Science and Technology.

SB 306. By Senator Polak of the 42nd:

A bill to be entitled an Act to amend Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the homestead option sales and use tax, so as to change certain provisions regarding the purposes for which such proceeds may be expended; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Finance and Public Utilities.

SB 307. By Senators Hecht of the 34th, Starr of the 44th and Kemp of the 3rd:

A bill to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for certain offenses related to defrauding or theft from retail merchants; to provide that shoplifting from three separate mercantile establishments within 72 hours is a felony; to provide for felony offenses relating to fraudulent use of retail sales receipts and Universal Product Code labels; to provide for penalties; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Finance and Public Utilities 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 35. Do pass. HB 518. Do pass as amended. HB 523. Do pass as amended.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

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

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HB 616. Do pass by substitute. HB 617. Do pass by substitute.

Respectfully submitted, Senator Huggins of the 53rd District, Chairman

The roll was called and the following Senators answered to their names:

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

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

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

The members pledged allegiance to the flag.

Prayer was offered by Reverend Phil Russell, pastor of Westside Baptist Church, Gainesville, Georgia.

The following resolutions were read and adopted:

SR 398.

By Senators Madden of the 47th, Meyer von Bremen of the 12th, Hill of the 4th and Jackson of the 50th:

A resolution recognizing "Community Health Centers Day"; and for other purposes.

SR 399. By Senator Harbison of the 15th:

A resolution commending Dr. Delmar Edwards on his extraordinary medical career; and for other purposes.

SR 400. By Senator Price of the 56th:

A resolution commending Benjamin Patrick Amerson on becoming an Eagle Scout; and for other purposes.

SR 401. By Senator Price of the 56th: A resolution commending William Andrew Rankin; and for other purposes.
Senator Polak of the 42nd introduced the doctor of the day, Dr. James Hutchinson.

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Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow. The motion prevailed, and the President announced the Senate adjourned at 10:40 a.m.

Thursday, January 13, 2000

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Senate Chamber, Atlanta, Georgia Thursday, January 13, 2000 Fourth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 293. By Senators Gingrey of the 37th, Thompson of the 33rd, Guhl of the 45th and others:

A bill to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to increase the minimum age eligible for Class D drivers' licenses from 16 to 17 years; to change certain provisions relating to drivers' licensing exemptions generally; to change certain provisions relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements; to change certain provisions relating to reinstatement of license of child under 16 years convicted of driving under the influence of alcohol or drugs; to change certain provisions relating to instruction permits, graduated licensing and related restrictions, and temporary licenses; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 308.

By Senators Scott of the 36th, Walker of the 22nd, Egan of the 40th, Broun of the 46th, Land of the 16th, Polak of the 42nd, Kemp of the 3rd and others:

A bill to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices in general, so as to provide that it shall be unlawful for any person negligently to allow a minor to obtain possession of a pistol or revolver; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 309. By Senator Polak of the 42nd:

A bill to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding the assessment, evaluation, and revaluation of ad valorem taxes in 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 population 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 coextensive with its boundaries; to change certain provisions regarding municipalities contracting with county tax commissioners to assess and collect municipal taxes; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Finance and Public Utilities.

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SB 310. By Senators Land of the 16th, Scott of the 36th, Cable of the 27th and others:
A bill to be entitled an Act to enact the "Charter Schools Act of 2000"; to provide a short title; to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Charter Schools Act of 1998," so as to define a certain term; to provide for certain procedures in connection with the decision of a local board of education to approve or deny a petition to establish a charter school, including public hearings and grounds for approval or denial of the petition; to provide for the appeal to the State Board of Education of a local board of education's decision to deny a charter petition; to authorize the State Board of Education to create special schools under certain circumstances and provide for state funding thereof; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 311. By Senators Ladd of the 41st, Price of the 56th, Johnson of the 1st and Price of the 28th:
A bill to be entitled an Act to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to prevention and control of air pollution, so as to provide for additional requirements with respect to the prescribing of certain rules and regulations by the Board of Natural Resources; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
SB 312. By Senators Ladd of the 41st, Land of the 16th, Price of the 56th and others:
A bill to be entitled an Act to amend Code Section 48-5-442 of the Official Code of Georgia Annotated, relating to the uniform evaluation of motor vehicles, so as to change certain provisions regarding the state revenue commissioner's determination of the valuation of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 313. By Senators Ladd of the 41st, Price of the 56th, Guhl of the 45th and others:
A bill to be entitled an Act to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Natural Resources, so as to change the provisions regarding the length of inspection terms of emission inspections; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
SB 314. By Senators Williams of the 6th, Land of the 16th, Stephens of the 51st and others:
A bill to be entitled an Act to amend Code Section 48-7-121 of the Official Code of Georgia Annotated, relating to credit or refund of estimated income tax overpayments, so as to require notification to a taxpayer that an overpayment has been made; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 315. By Senators Thomas of the 10th, Scott of the 36th, Fort of the 39th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a physician may retain temporary protective custody of a child without a court order and without parental consent if the child's life or health is in imminent danger; to provide a short title; to provide for procedures; to provide for immunity from liability; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
SB 316. By Senators Meyer von Bremen of the 12th, Hecht of the 34th, Lee of the 29th and Kemp of the 3rd:
A bill to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of wiretapping, eavesdropping, surveillance, and related offenses, so as to revise and clarify provisions relating to such crimes; to provide more specifically for violations involving the use of cameras and photographic and video equipment; to change the definition of the term "device" as used in said part; to change provisions relating to unlawful observation, photographing, and recording of another in a private place; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 317. By Senators Dean of the 31st, Ray of the 48th and Marable of the 52nd:
A bill to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions regarding Chapter 47 of Title 43, the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act," so as to provide that a used motor vehicle dealer or used car dealer shall not include certain churches or religious or charitable organizations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 318. By Senators Hecht of the 34th, Starr of the 44th, Hooks of the 14th and others:
A bill to be entitled an Act to amend Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, so as to authorize that, in addition to blood samples, oral swabs or a sample obtained from a noninvasive procedure may be taken for DNA analysis to determine identification characteristics specific to the person; to provide that laws applicable to DNA analysis with respect to sex offenders shall apply to persons who are convicted of a felony to the extent funds are appropriated or otherwise available for such purposes; to change the provisions relating to expungement of a profile in the data bank upon reversal and dismissal of conviction; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 319. By Senator James of the 35th:
A bill to be entitled an Act to amend Code Section 40-5-142 of the Official Code of Georgia Annotated, relating to definitions relative to commercial drivers' licenses, so as to change the definition of the term "commercial motor vehicle"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 320. By Senators James of the 35th and Harbison of the 15th:
A bill to be entitled an Act to amend Part 1 of Article 15 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to certificates of authority for foreign corporations, so as to provide that an application for a certificate of authority by a foreign corporation shall include the address of a customer service office located in this state; to require each foreign corporation doing business in this state to continuously maintain and staff a customer service office in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.

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SB 321. By Senators James of the 35th, Fort of the 39th and Williams of the 6th:
A bill to be entitled an Act to amend Code Section 36-60-3 of the Official Code of Georgia Annotated, relating to the restriction of adult bookstores and movie houses to certain areas, so as to restrict the location of nude dancing clubs; to define a term; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 322. By Senators James of the 35th and Williams of the 6th:
A bill to be entitled an Act to amend Code Section 40-5-28 of the Official Code of Georgia Annotated, relating to the issuance of drivers' licenses and the requirement of fingerprints, so as to authorize a waiver of the fingerprint requirement for drivers' licenses under certain conditions; to provide for rules and regulations to be issued by the Department of Public Safety; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
SB 323. By Senators James of the 35th and Harbison of the 15th:
A bill to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous uniform rules of the road, so as to change certain provisions relating to requirement of driver to exercise due care and allowance of proper use of radios and mobile telephones; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
SB 324. By Senators James of the 35th and Scott of the 36th:
A bill to be entitled an Act to amend Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, so as to increase the maximum penalty for such offense in the first degree; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 325. By Senators James of the 35th and Scott of the 36th:
A bill to be entitled an Act to amend Code Section 40-6-394 of the Official Code of Georgia Annotated, relating to the offense of serious injury by vehicle, so as to increase the maximum penalty for such offense; to provide for additional underlying offenses; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 326. By Senators James of the 35th and Fort of the 39th:
A bill to be entitled an Act to amend Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 16-6-9 through 16-6-12, which relate to the offenses of prostitution, pimping, and pandering, so as to provide that a third or subsequent conviction for pimping or pandering shall be punished as a felony; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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SB 327. By Senators Starr of the 44th, Walker of the 22nd and Gillis of the 20th:

A bill to be entitled an Act to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, so as to specify a period of time within which the director must act on permit and variance applications; to provide that when the director does not either grant or deny a permit or variance application within the time specified for the director to do so, the director shall refund any fees submitted with the application; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.

SR 403. By Senator Hooks of the 14th:

A resolution designating the Jonathan Jackson McCants Bridge; and for other purposes.

Referred to the Committee on Transportation.

SR 406. By Senators Walker of the 22nd, Dean of the 31st, Tate of the 38th and others:

A resolution creating the Joint Study Commission on the Use of Existing and Potential Technology by the Department of Juvenile Justice; and for other purposes.

SR 407.

Referred to the Committee on Defense, Science and Technology. By Senators Golden of the 8th, Hecht of the 34th, Walker of the 22nd and others:

A resolution urging the House of Representatives to introduce, pass, and transmit to the Senate a bill establishing a temporary sales and use tax exemption in 2000 with respect to certain clothing, wallets, and bags typically purchased for school students; and for other purposes.

Referred to the Committee on Finance and Public Utilities.

SR 411. By Senators Starr of the 44th, Scott of the 36th, Johnson of the 1st and others:

A resolution proposing an amendment to the Constitution so as to allow the Governor to appoint a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ethics.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 294. Do pass as amended. Mr. President:

Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

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

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HB 649. Do pass.

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

Mr. President:

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

HB 804. Do pass by substitute.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

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

SB 296. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Senator Harbison of the 15th moved that Senator Broun of the 46th be excused. On the motion, the yeas were 44, nays 0; the motion prevailed, and Senator Broun was excused.

Senator Meyer von Bremen of the 12th moved that Senator Cheeks of the 23rd be excused. On the motion, the yeas were 48, nays 0; the motion prevailed, and Senator Cheeks was excused.

Senator Walker of the 22nd moved that Senator Hooks of the 14th be excused. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Hooks was excused.
The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Brown Brush Burton Butler Cable Cagle Crotts Dean Egan Fort Gillis Gingrey Golden Guhl

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

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

Those not answering were Senators:

Broun (excused)

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Cheeks (excused) Hooks (excused) Tanksley

The members pledged allegiance to the flag.

Prayer was offered by Reverend Dan Brown, pastor of the First United Methodist Church, Canton, Georgia.

The following resolutions were read and adopted:

SR 402.

By Senator Hooks of the 14th:
A resolution expressing sympathy to the family of Honorable Ray Lynward Gresham; and for other purposes.

SR 404. By Senator Dean of the 31st:

A resolution recognizing and commending L. Douglas Griffith; and for other purposes.

SR 405.

By Senators Walker of the 22nd, Tate of the 38th, Butler of the 55th and others: A resolution commending the Jack and Jill of America Foundation, Inc.; and for other purposes.

SR 408. By Senators Hooks of the 14th, Dean of the 31st, Bowen of the 13th and others:

A resolution expressing sympathy to the family of Honorable Lewis H. McKenzie at his passing; and for other purposes.

SR 409. By Senators Hooks of the 14th, Bowen of the 13th, Egan of the 40th and others:

SR 410.

A resolution expressing regret regarding the passing of Honorable Hugh Alton Carter; and for other purposes.
By Senator James of the 35th:

A resolution recognizing the Islamic community in Georgia and the celebration of Ramadan; and for other purposes.

Senator Meyer von Bremen of the 12th introduced Mr. Jim Ervin, pursuant to SR 390, adopted previously. Mr. Ervin addressed the Senate briefly

Senator Madden of the 47th introduced a representative from Community Health Care Center, pursuant to SR 398, adopted previously.

The following local, uncontested bill, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Thursday, January 13, 2000 Fourth Legislative Day

(The name listed with the bill is the Senator whose district is affected by the legislation.)

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PURSUANT TO ARTICLE VI, SECTION II, PARAGRAPH IV OF THE CONSTITUTION, THE FOLLOWING LOCAL BILL RELATING TO HOMESTEAD EXEMPTIONS REQUIRES A TWO-THIRDS ROLL-CALL VOTE FOR PASSAGE:

SB 296

Cheeks of the 23rd BURKE COUNTY

A bill to be entitled an Act to provide homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of the homestead for the taxable year beginning on January 1, 2001, for certain residents of that school district who have annual incomes not exceeding $40,000.00 and who are 65 years of age or older; to provide a homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of the homestead for each taxable year beginning on or after January 1, 2002, for certain residents of that school district who are 65 years of age or older without regard to income; to provide for definitions; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable
Cagle E Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden

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

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

On the passage of the local bill, the yeas were 48, nays 0.

The bill on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

Pursuant to HR 745, the President announced the Committee of Escort for the Joint Session: Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Starr of the 44th, Walker of the 22nd, Jackson of the 50th, Madden of the 47th and Marable of the 52nd.

Senator Brown of the 26th introduced the doctor of the day, Dr. E. Wynn Kallay, II, Macon, Georgia .

Senator Walker of the 22nd moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. and the President announced the motion prevailed at 10:49 a.m. .

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The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a message by His Excellency, Governor Roy Barnes, was called to order by the President of the Senate. HR 745 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.
His Excellency, Governor Roy Barnes, addressed the Joint Session of the Senate and the House of Representatives as follows:
Lieutenant Governor Taylor, Speaker Murphy, Members of the General Assembly.
This has been billed as an education address, but I'm here this morning to talk about something more important: Georgia's future.
It's our responsibility to make sure the prosperity we enjoy today is passed along to the next generation.
Georgia's prosperity and the improvement of education are inextricably woven together.
The most important thing we can do for our economy is to start improving our schools right now.
Because tomorrow won't wait.
As Georgia's leaders, the question that confronts us is whether we will improve education -- or whether we will shrink from our responsibility and fail our children.
If we stand still, we go backwards.
One thing we should always remember is that we live in a competitive world.
Our children compete not just with other children in Mableton and Marietta; they compete with children from Tennessee to Tokyo.
So this is not simply about education, this is about whether Georgia continues to prosper or whether we fall behind.
The currency of the new economy that is emerging in Georgia and throughout the world is not dollars and cents. It's knowledge and information. And to prosper we must create more of it.
Where do we stand in education?
How do we measure up against states in the southeast?
How do we measure up against other fast-growing states?
How do we measure up against the rest of the nation?
The answer isn't pretty.
Georgia ranks second from the bottom nationally in SAT scores.
In fact, no matter what yardstick you look at - SAT scores, 8th grade math proficiency, the Armed Forces Qualification Test, high school completion rates - we are failing to give our children the education they need.
We have students graduating from high school who can't fill out a basic application for employment.
And when you look at the high school graduation test and see that it only tests for 8th or 9th grade skills - and that 32 percent still fail - you can't help but know that something is wrong.

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Of every ten children who began school this fall, only six will be there at graduation.
Of those six, only three will go on to college.
And of those three, only one will graduate.
Do you believe Georgia can be internationally competitive when only one out of ten of our children graduates from college?
Of course not!
Year after year, the education bureaucracy says: don't mind the test scores, things aren't really so bad - in fact, we're doing a pretty good job.
You know, it's cute when you see an eight-year-old look sheepishly up at the teacher and say "the dog ate my homework."
It's not cute when it comes from the people responsible for educating our children.
It's time to stop making excuses and start doing something about it.
I have a message for those who say that the education system we have, the bureaucracy we have, and the progress we have made are good enough.
You are wrong.
Dead wrong.
And I simply can't allow it any more.
Our economy has grown because, for the last 30 years, we have imported a million new people every decade. And these people have generally been better educated and more skilled than our own sons and daughters.
We cannot continue along this path forever.
We know we can't keep importing that many people into Georgia every year, and we can't keep leaving generations of Georgians behind - replaced by better educated and better trained workers from somewhere else.
Georgians demand better than that.
Our children deserve better than that.
And our job - starting right here and right now - is to deliver better than that.
I want to tell you the story of two states: Georgia and North Carolina. Both are growth states. They have almost identical populations, budgets, and demographic make up.
At the beginning of this decade, North Carolina was far behind Georgia in education. While 47 percent of Georgia 8th graders tested at the basic level of mathematics in 1990, only 38 percent of North Carolina 8th graders were at that level.
By 1996, the number of Georgia 8th graders with a basic understanding of math had barely moved: from 47 to 51 percent. But North Carolina had gone from 38 to 56 percent.
And in the last ten years, while Georgia's SAT scores rose only 15 points, North Carolina gained 43 points.

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Why is North Carolina improving at least three times as fast as Georgia?
Two reasons: responsibility and accountability.
Earlier this week, I spoke with you about the responsibility and accountability of us all.
I challenged you to give school boards, administrators, and teachers the tools they need to do their jobs. That is our responsibility.
Now is the time to also give local administrators and school boards the tools they need to make sure only the best and brightest teach our children.
In the bill I will send you tomorrow, I will ask you to abolish tenure for all new teachers.
Tenure guarantees employment regardless of performance, and in today's world not one of us is guaranteed a job unless we perform.
I know this will be controversial because it is bold. It says to the world that no group, no special interest will stand in the way of the improvement of education in Georgia.
Don't back away from this responsibility. Take it up and allow us to encourage great teaching and reward it financially.
And those with the responsibility to teach our children must be held accountable if they fail.
Accountability is a joint responsibility. It is the responsibility of educators, parents, students - and, yes, legislators and governors.
Accountability has moved North Carolina ahead.
And accountability is the only way to ensure that we improve.
The bill I will send you requires us to set high standards and then measure our progress toward those goals.
Yes, this means tests.
There are those who say that tests do not accurately reflect a student's ability or achievement. There are those who say that tests are unfair -- that it is unfair to use paper test performance for rewarding educators or to decide if students have adequately learned the subject taught.
I am here to tell you that there is a test coming -- a test called life.
And if we don't find out early whether or not these skills are being taught - and learned - it will be too late to do anything about it.
If we want an accountability system that will work, it must be two things: fair and independent.
It must assure that all students -- regardless of their race, color or creed or economic status -- can and should learn. And it should fully integrate the subjects that are being taught with the tests of the skills students need to learn.
Just as important, it must be independent of all the education bureaucracies.
I have advocated, and I will recommend to you in the bill that I will submit to you, that the curriculum and the tests on the curriculum be developed by the Department of Education. Additionally, the interventions and assistance for low performing schools should be performed by the Department of Education.

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But just as our system is made up of checks and balances, we must have an independent Office of Education Accountability to provide a check on the bureaucracies of all of the educational institutions that must be held accountable.
Education accountability is not simply about our K-12 schools.
It's about technical schools and the University System, pre-kindergarten and the Professional Standards Commission.
For there to be a check on all of the institutions of education, an independent office of accountability is essential. Otherwise, the educational bureaucracies will swallow it up and co-opt the keystone for the improvement of education in Georgia.
You cannot be for education reform and be opposed to the creation of an independent check on the education bureaucracies.
Your choice is simple: you can stand with the bureaucrats who say everything is just fine and what we've got is good enough.
Or you can stand with us.
This accountability system will reward great teaching and improvement, and will identify schools that need additional assistance and, possibly, intervention. I spoke with you earlier this week in my budget address about the most important of these interventions: for students performing below grade level in kindergarten through 3rd grade, the bill that I will send to you tomorrow will cut the student-teacher ratio by more than one-half. For students in kindergarten through 3rd grade who need it the most, there will be no more than 11 students for every teacher.
Counselors in every school and more social workers, psychologists, and school nurses will free up our teachers to teach our children, especially those who bring to school the problems of home and a complex society.
But, accountability means teachers too.
Great teaching will be rewarded.
And improvement of achievement of a school above that which is expected in any year will be rewarded by accountability bonuses on a school basis.
In those hard-to-fill areas such as math and science and locations such as rural Georgia, teachers will no longer be paid the same salary. Signing bonuses will be given to attract the best and the brightest wherever we need them and to teach the subjects we need them for.
National Board Certified Teachers will receive not only reimbursement for the cost to become National Board Certified, but an additional ten percent over and above their state salaries.
The accountability system that I recommend to you rewards great teaching while at the same time providing us information to improve those schools where assistance is needed.
The primary thought we must keep in mind is that every child can learn, every child can succeed, and, if you have the courage to enact the legislation I will forward to you, every child in the State of Georgia will have the God-given right to fully embrace a bright and prosperous future.
And I emphasize every child -- with no one being left behind.
We must find the courage to require more. We must find the political will to hold our students and educators accountable. And we must use every resource available to encourage and support our teachers, to involve our parents, and to inspire our children to achieve.

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This is not a condemnation of teaching or teachers or administrators and is not meant to be punitive in any way.
This is a way - in fact, the only way - to reward great teaching and to encourage and attract great teachers.
We recognize that this is a shared responsibility among parents, teachers, students, and yes, even the Governor and General Assembly. We all have a responsibility, and we all must exercise and shoulder that responsibility.
In order to encourage more parental and business involvement in our local schools and decentralize the control of our schools, I will recommend that each local school form a school council chaired by the principal and containing two teachers, two parents, and two members of the business community.
This school council will oversee the local, site-based management and local control that is necessary to make our neighborhood schools better. There is much talk about the bureaucracy that exists from the state to the local boards, and I will do everything I can to decrease that bureaucracy.
But there is even greater bureaucracy from the local school board down to the local school.
And this too must be reduced.
Without community and parental involvement, our schools will never improve. And the creation of school councils with real power to make their schools work is the way to do that.
Technology is as important today in our schools as a blue back speller was 50 years ago.
I am alarmed by some of the things that I hear today about technology and education.
Some folks think technology has no place in education. Well, let me tell you: it's the people who think that way who have no place in education.
Technology will remake the way we deliver education. We must have teachers who understand technology, and students who master technology. No good-paying job will be available to any of our students in the future unless they have a basic knowledge of technology. And for students to have a basic knowledge of technology, teachers must have a knowledge of technology so that they can teach it to their students.
Earlier this week, I asked you to provide technology specialists to teach our teachers.
The bill that I will send to you tomorrow will require that all teachers have a basic tested competency in technology before they are hired or re-certified.
Equally important, we must find ways to make our education system seamless. A student belongs to no particular institution of education and should be able to move freely from one educational institution to another. I want to see movement back and forth between our high schools and technical schools and between our technical schools and our university system, so that we can provide the kind of technical training and basic skills and knowledge the business community badly needs to be profitable.
Finally, students should not be forced to attend a school that is failing them. They should have a choice.
In schools identified as underperforming three years in a row, students and their parents should be able to choose another school in that district, and the school district should pay to transport the student to that new school.
I prefaced my remarks this morning by telling you that I wanted to talk with you about the future of Georgia.
Twenty-five years from now, the Atlanta metropolitan area should incorporate all of north Georgia and begin to encroach on Macon, Columbus, and Chattanooga. By the year 2025, there will probably be more than 12.5 million

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people living in our state, and the total school enrollment in our public schools will climb from 1.4 million to well over 2 million students. Georgia's population as well as her schools will be more diverse than today.
Those numbers tell us is that the challenges facing our public schools are only going to increase in scope and complexity.
But I also want to tell you that 25 years from now there will be a Governor standing in this very place, and he or she, Democrat or Republican, will recount the progress of Georgia in the last quarter century.
I do not want that Governor speaking to that General Assembly to be able to say that at the turn of this century, we had greatness and improvement in education within our grasp, but we blew it because we did not have the courage to improve public education. That is the challenge that confronts you today.
Are these proposals bold and maybe even controversial?
Yes.
Will there be special interest groups that will oppose some or all of these proposals?
Absolutely.
But now is the time for bold action.
The actions I ask of you require courage.
Can these proposals lead to your political defeat or mine?
Maybe so.
But there are times to come to the General Assembly and enjoy the fellowship and, yes, even the fun.
But there are other times when we stand at a crossroads in history.
This is one of those times.
Be not timid or shrink from this challenge - take it up, treasure it, and do something that means something.
Smith Pass is a member of the Coweta County Board of Education. She has also been serving this year on the Governor's Education Reform Study Commission.
I don't know if she is a Democrat or a Republican, I never asked her, and I really don't care.
This week she sent me an e-mail that encouraged me to take bold action. She also sent me this short poem:
"There was a very cautious man Who never laughed or played, He never risked, he never tried, He never sang or prayed. And when one day he passed away His insurance was denied. For since he never really lived, They claimed he never died."
The future of Georgia's children is in your hands.
There are no Republican children.

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There are no Democratic children. Only Georgia's children. Rise to this occasion, and generations of children yet unborn will eternally be in your debt. Thank you and God bless you.
The President of the Senate announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, January 14, 2000 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 the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1113.

By Representatives Holmes of the 53rd, Hudson of the 120th, Dodson of the 94th and others:

A bill to amend Part 3 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election superintendents, so as to require counties to provide election returns to the Secretary of State in an electronic format within a certain time frame for certain elections.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 328. By Senators Williams of the 6th, Blitch of the 7th, Lamutt of the 21st and others:

A bill to be entitled an Act to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to income tax rates with respect to individual taxpayers, so as to provide for a marriage reduction in the otherwise applicable rate; to provide for conditions and limitations; 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.

Referred to the Committee on Finance and Public Utilities.

SB 329. By Senators Land of the 16th, Cable of the 27th, Johnson of the 1st and others:

A bill to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change certain provisions regarding assessments to measure the effectiveness of educational programs; to enact the "Early HOPE Education Reform Act of 2000"; to provide for a short title; to define certain terms; to direct the State Board of Education to develop a method of evaluating the performance of schools based upon students' performance in reading, mathematics, and writing; to provide for the preparation and distribution of a report card for each school and for the contents of such report cards; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 330.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th, Blitch of the 7th and Jackson of the 50th:

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A bill to be entitled an Act to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, so as to authorize the Commissioner of Agriculture to establish, impose, and collect fees for certain services rendered by the Department of Agriculture pursuant to certain federal laws and regulations; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture.

SB 331.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th, Blitch of the 7th and Jackson of the 50th:

A bill to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to dealers in agricultural products, so as to change the provisions relating to the exemption of holders of food sales establishment licenses from the provisions of such article; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture.

SR 412. By Senators James of the 35th, Cheeks of the 23rd, Tate of the 38th and others:

A resolution proposing an amendment to the Constitution so as to provide for four-year terms of office for members of the Georgia Senate; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ethics.

SR 416. By Senators Scott of the 36th, Thomas of the 10th, Egan of the 40th, Fort of the 39th and others:

A resolution to create the Fulton-DeKalb Hospital Authority Overview Committee; and for other purposes.

Referred to the Committee on Ethics. The following bill of the House was read the first time and referred to the committee:

HB 1113. By Representatives Holmes of the 53rd, Hudson of the 120th, Dodson of the 94th and others:

A bill to be entitled an Act to amend Part 3 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election superintendents, so as to require counties to provide election returns to the Secretary of State in an electronic format within a certain time frame for certain elections; to provide for a two step phase-in of this requirement; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ethics.

The following committee reports were read by the Secretary:

Mr. President:

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

HB 76. Do pass. HB 361. Do pass. HB 449. Do pass.

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Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President:

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

SB 27. Do pass by substitute. HB 110. Do pass by substitute.

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

The following bill of the Senate was read the second time:

SB 294
Senator Stokes of the 43rd 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 Meyer von Bremen of the 12th moved that Senator Cheeks of the 23rd be excused. On the motion, the yeas were 43, nays 0; the motion prevailed, and Senator Cheeks was excused.

The roll was called and the following Senators answered to their names:

Blitch Bowen Broun Brown Brush Burton Butler Cable Cagle Crotts Dean Egan Fort Gillis Gingrey Golden Guhl

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

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

Not answering were Senators:

Balfour Cheeks (excused) Tanksley Thompson (excused)

The members pledged allegiance to the flag.

Prayer was offered by Harold M. Thompson of Hawkinsville, Georgia.

The following resolutions were read and adopted:

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SR 413. SR 414.
SR 415.
SR 417.
HB 35 HB 518 HB 523 HB 616 HB 617 HB 649 HB 804

By Senators Crotts of the 17th, Tanksley of the 32nd, Lamutt of the 21st and others: A resolution commending Coy Short; and for other purposes. By Senators Dean of the 31st and Marable of the 52nd: A resolution commending the coaches and players of the Cartersville High School Purple Hurricane football team; and for other purposes. By Senators Broun of the 46th, Huggins of the 53rd, Williams of the 6th and others: A resolution commending Ms. Suttiwan Cox, Ms. Amy Denty, Mr. Mike Stanton, and Ms. Kimberly Stewart; and for other purposes. By Senator Kemp of the 3rd: A resolution commending Dr. Horace Deal; and for other purposes.
SENATE CALENDAR Friday, January 14, 2000 FIFTH LEGISLATIVE DAY Income tax; dependent deductions; amend provisions (F&PU-31st) Royal-164th Taxes; certain interest; disposition (Amendment)(F&PU-31st) Royal-164th Ad valorem tax; local fair share funds; amend provisions (Amendment)(F&PU-4th) Royal-164th Public retirement systems; minimum funding standards; comply with federal law (Substitute) (Ret51st) Cummings-27th Public Retirement Systems Investment Authority Law; enact (Substitute) (Ret-37th) Cummings-27th Controlled substance; certain activities near park or housing project (Judy-3rd) Connell-115th Supreme Court; terms; ending dates (Substitute)(S Judy-40th) Stokes-92nd

The following general bills were read the third time and put upon their passage:
Senator Dean of the 31st asked unanimous consent that HB 35, HB 518, and HB 523 be dropped to the foot of the calendar. The consent was granted and the bills were dropped to the foot of the calendar.
HB 616. By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to define certain terms; to amend the minimum funding standards applicable to public retirement standards to ensure compliance with federal law; and for other purposes.
Senate Sponsor: Stephens of the 51st.

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The Senate Retirement Committee offered the following substitute to HB 616:
A BILL
To be entitled an Act to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to define certain terms; to amend the minimum funding standards applicable to public retirement standards to ensure compliance with federal law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," is amended by striking in its entirety Code Section 47-20-3, relating to definitions relative to such chapter, and inserting in lieu thereof the following:
"47-20-3.
As used in this chapter, the term:
(1) 'Accumulated retirement system benefits' means benefits that are attributable under the provisions of a retirement system to employees' service rendered to a specific valuation date.
(2) 'Actuarial accrued liability' means that portion, as determined by a particular actuarial cost method, of the actuarial present value of retirement system benefits and expenses which is not provided for by future normal costs.
(3) 'Actuarial assumptions' means assumptions as to the occurrence of future events affecting retirement system costs such as: mortality, withdrawal, disability, and retirement; changes in compensation and national pension benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other relevant items.
(4) 'Actuarial cost method' means a procedure for determining the actuarial present value of retirement system benefits and expenses and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial cost methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age, individual aggregate, individual level, individual spread gain, and unit credit methods.
(5) 'Actuarial present value' means the value of an amount or series of amounts payable or receivable at various times from a retirement system, determined as of a given date by the application of a particular set of actuarial assumptions.
(6) 'Actuarial present value of accumulated retirement system benefits' means the amount as of a valuation date that results from applying actuarial assumptions to the accumulated retirement system benefits, with the actuarial assumptions being used to adjust those benefits to reflect the time value of money (through discounts for interest) and the probability of payment (by means of decrements such as for death, disability, withdrawal, or retirement) between the valuation date and the expected date of payments.
(7) 'Actuarial valuation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for a retirement system.
(8) 'Actuarial value of assets' means the value of cash, investments, and other property belonging to a retirement system, as used by the actuary for the purpose of an actuarial valuation.
(9) 'Actuary' means an actuary who is enrolled under Subtitle C of Title III of the federal Employee Retirement Income Security Act of 1974, P.L. 93-406.

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(10) 'Amortization contribution' means the excess in total employer and employee contributions over normal cost.
(10.1) 'Annual required contribution' means the annual required contribution determined in accordance with the requirements of Governmental Accounting Standards Board Statements No. 25 and No. 27 or any subsequent applicable Governmental Accounting Standards Board statements.
(11) 'Beneficiary' means a person receiving or entitled to receive a benefit pursuant to a retirement system.
(12) 'Benefit' means any benefit, including disability benefits, which is paid or payable to a beneficiary under a retirement system.
(13) 'Benefit increase' means a change in or amendment to a retirement system which results or will result in an increase in the benefits being paid or which will be paid to a beneficiary or potential beneficiary under a retirement system and includes any change in a retirement system which decreases the requirements for becoming eligible to receive a benefit and any change which grants or authorizes a member or members of a retirement system to obtain additional creditable service under the retirement system for service rendered in a capacity other than as a member of the retirement system.
(14) 'Employee' means officials and employees of the state or of any department, board, bureau, commission, authority, or other agency thereof and the officials and employees of a political subdivision or any agency thereof who are or who become members of a retirement system.
(15) 'Employee contribution' means that part of the compensation of an employee which is paid by or on behalf of an employee as a contribution to a retirement system.
(16) 'Employer' means the State of Georgia for any retirement system financially supported in whole or in part by appropriations made by the General Assembly, by the proceeds of a tax levied by law enacted by the General Assembly, or by fines and forfeitures or portions of fines and designated by law as a source of funding for a retirement system; and, for any retirement system supported in whole or in part by the funds of a political subdivision, 'employer' means the local governing authority authorizing or providing for the local retirement system.
(17) 'Employer contribution' means:
(A) Funds paid by an employer to support financially a retirement system;
(B) Public funds, whether by taxes, fines and forfeitures, or other sources, devoted to the financial support of a retirement system; and
(C) Any other funds, other than employee contributions, used to support financially a retirement system.
(18) 'Legislatively controlled retirement system' means a retirement system in existence on January 1, 1984, which was created by an Act of the General Assembly and which may be amended only by an Act of the General Assembly.
(19) 'Local governing authority' means the council, board of aldermen, board of commissioners, commissioner, local board of education, or other person or body of persons entrusted by law with the administration, management, and control of the fiscal affairs of a political subdivision.
(19.1) 'Negative unfunded actuarial accrued liability' means for any actuarial valuation the excess of actuarial value of assets over the actual accrued liability of a retirement system under an actuarial cost method utilized by the retirement system for funding purposes.
(20) 'Normal cost' means that portion of the actuarial present value of a retirement system benefits and expenses which is allocated to a valuation year by the actuarial cost method used for the retirement system.

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(21) 'Political subdivision' means any county, municipality, or local school district of this state or any authority created for or on behalf of any such political subdivision or created for or on behalf of any combination of such political subdivisions.
(22) 'Retirement bill' means any bill or resolution introduced into the General Assembly which creates or affects a retirement system.
(23) 'Retirement system' means any retirement or pension plan or any other plan or program which exists on January 1, 1984, or which is created or established on or after that date, and which is maintained by an employer or maintained pursuant to law or other authority of an employer for the purpose of paying benefits to employees or their beneficiaries after employees cease active employment by retirement, disability, death, or other termination. The term 'retirement system' shall include any plan or program which creates a retired position, commonly referred to as 'emeritus,' and provides a salary for the retired position in lieu of a retirement benefit. The term 'retirement system' shall not include an individual retirement account or other plan which provides for an individual account for each participant and for benefits based solely upon the amount contributed to the participant's account and any income, expenses, gains, and losses and any forfeitures of accounts of other participants which may be allocated to a participant's account.
(24) 'Retirement system administrator' means the board of trustees or other body or individual having responsibility, either by law or by other authority of an employer, for the management and administration of a retirement system.
(25) 'Unfunded actuarial accrued liability' means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of a retirement system under an actuarial cost method which so provides utilized by the retirement system for funding purposes."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 47-20-10, relating to minimum annual employer contributions relative to public retirement systems, and inserting in lieu thereof the following:
"47-20-10.
(a) In order to assure the actuarial soundness of each retirement system, the minimum annual employer contribution for each retirement system, unless excepted by Code Section 47-20-13, shall be the sum of the amounts determined under paragraphs (1), (2), and (3) of this subsection minus the amount determined under paragraph (4) of this subsection; provided, however, that under no circumstances shall the minimum annual employer contribution be less than zero or result in a contribution credit for a subsequent year.
(1) The normal cost of the retirement system for the year; plus
(2) The amounts necessary to amortize:
(A) The unfunded actuarial accrued liability over a period of 40 years in the case of a retirement system in existence on January 1, 1983, based on the first actuarial valuation of the retirement system which is made on or after January 1, 1984; or
(B) The unfunded actuarial accrued liability over a period of 30 years in the case of a retirement system which is created or established after January 1, 1983, based on the first actuarial valuation of the retirement system; plus
(C) The increase, if any, in unfunded actuarial accrued liability over a period of 20 years for any such increase which occurs after January 1, 1984, during any year as a result of changes made in the provisions of the retirement system affecting active employees; plus
(D) The increase, if any, in unfunded actuarial accrued liability over a period of 15 years for any such increase which occurs from experience under the actuarial assumptions applicable to the retirement system; plus

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(E) The increase, if any, in unfunded actuarial accrued liability over a period of 30 years for any such increase resulting from changes in actuarial assumptions applicable to the retirement system; plus
(3) If not otherwise included in the calculations under paragraph (1) or (2) or paragraphs (1) and (2) of this subsection:
(A) The amount necessary to amortize over a period of ten years in equal annual installments the increase, if any, in unfunded actuarial accrued liability resulting from benefit increases granted during the year to beneficiaries under the retirement system; or
(B) The amount necessary to pay the amount of increase in benefits granted during the year to beneficiaries under the retirement system on a current disbursement or pay-as-you-go basis; minus
(4) The amount:
(A) Necessary to amortize the decrease, if any, in unfunded actuarial accrued liability over a period of 20 years for any such decrease which occurs after January 1, 1984, during any year as a result of changes made in the provisions of the retirement system; plus
(B) Necessary to amortize the decrease in unfunded actuarial accrued liability, if any, over a period of 15 years for any such decrease which occurs from experience under the actuarial assumptions applicable to the retirement system; plus
(C) Necessary to amortize the decrease in unfunded actuarial accrued liability, if any, over a period of 30 years for any such decrease resulting from changes in the actuarial assumptions applicable to the retirement system; plus
(D) In excess of the minimum annual employer contribution required by this Code section which accumulates after January 1, 1984; plus
(E) Employee contributions for the year.
(b) In the case of a retirement system which uses a formula related to the compensation of the members of the retirement system as a basis for the calculation of benefits under the retirement system, the amortization amounts required by subsection (a) of this Code section, except for the amount determined under paragraph (3) of subsection (a) of this Code section, may be determined as a level percentage of future compensation. If such level percentage amortization is used, the actuarial assumption for future annual payroll growth shall not exceed the actuarial assumed valuation interest rate of the retirement system less 2 1/2 percent. If The minimum standards provided by subsection (a) of this Code section are deemed to have been met if such level percentage amortization is used, the amortization of increases and decreases in unfunded actuarial accrued liability under subsection (a) of this Code section need not be reflected in the amortization contribution otherwise determined if the amortization contribution so determined is at least 4 percent of the unfunded actuarial accrued liability for the period up to January 1, 1989, and at least 4 1/2 percent of the unfunded actuarial accrued liability after January 1, 1989 and the employer contribution is equal to the annual required contribution as is determined in accordance with the provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27.
(c) In the case of a retirement system which does not use a formula related to the compensation of the members of such retirement system as a basis for the calculation of benefits under such retirement system, the minimum funding standards provided for in subsection (a) of this Code section shall be deemed to have been met if the employer contribution is equal to or greater than the annual contribution as determined in accordance with the provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27.
(d)(1) The minimum funding standards provided for in subsection (a) of this Code section shall be deemed to have been met if as of the latest actuarial valuation a retirement system has a negative unfunded actuarial accrued liability and the employer contribution is equal to or greater than the annual required contribution as determined in accordance with the provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27; provided, however, that in no case shall the negative unfunded actuarial accrued liability be amortized over a period

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of less than ten years. If a retirement system has such a negative unfunded actuarial accrued liability, the amounts necessary to amortize under paragraphs (2), (3), and (4) of subsection (a) of this Code section established prior to the current actuarial valuation date will be considered to be fully amortized under the minimum funding standards provided by subsection (a) of this Code section.
(2) In any actuarial valuation subsequent to the valuation in which a retirement system is found to have complied with the provisions of paragraph (1) of this subsection, if the retirement system still has a negative unfunded actuarial accrued liability, the only amortization required under such minimum funding standards will be an amortization of the negative unfunded actuarial accrued liability over a period of not less than ten years of the actuarial accrued liability. For any such subsequent actuarial valuations, whenever the retirement system again has an unfunded actuarial accrued liability, the minimum standards provided by subsection (a) of this Code section shall apply with new amounts necessary to amortize the newly created unfunded actuarial accrued liability.
(c)(e) In determining the minimum annual employer contribution under subsection (a) of this Code section:
(1) All benefits which it is reasonable to anticipate will be paid from the retirement system because of the current active members and payments to beneficiaries shall be taken into account; and
(2) All costs, liabilities, and other factors under the retirement system shall be determined by an actuary on the basis of an actuarial cost method and actuarial assumptions which, in the aggregate, are reasonable, considering the experience of the retirement system and reasonable expectations, and which, in combination, offer the actuary's best estimate of anticipated experience under the retirement system.
(d)(f) Upon completion of the first actuarial investigation of a retirement system after January 1, 1984, and for each subsequent actuarial investigation, the minimum annual employer contribution required by this Code section shall be increased by an amount equivalent to the interest earned on such minimum annual employer contribution, based on the actuarial assumed valuation interest rate applicable to the retirement system, from the date of such actuarial investigation until the date the minimum annual employer contribution is made to the retirement system. This subsection shall not apply to a retirement system to which annual employer contributions are being made in excess of the minimum annual employer contribution required by this Code section.
(e)(g) In no event will employee contributions of active members of a retirement system be used to pay benefits to beneficiaries under the retirement system.
(f)(h) The minimum funding requirements of this Code section shall not apply to prefunding, in whole or in part, of anticipated future costs of providing health care benefits and related expenses including, without limitation, provision of all or part of the cost of health insurance coverage and health maintenance organization participation costs for retired employees of a political subdivision including those presently retired and those anticipated to retire in the future. Such prefunding may be maintained as part of the same investment pool as the fund receiving employer and employee contributions to pay the cost of providing retirement benefits under any retirement system maintained by the political subdivision for its employees so long as such funds are separately accounted for and separate records are maintained with respect to each fund. Funds maintained by a political subdivision for the purpose of prefunding health care benefits for retired employees may be invested and reinvested in accordance with the provisions of Code Section 47-1-12, and, for the purposes of that Code section and the home rule provisions of the laws and the Constitution of the State of Georgia, such funds shall be considered retirement funds."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400

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January 11, 2000

The Honorable Sonny Huggins, Chairman Senate Retirement Committee Legislative Office Building, Suite 313-B Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 616 (LC 21 5718S)

Dear Chairman Huggins:

This substitute bill would amend provisions relating to the Public Retirement Systems Standards Law to require compliance with Governmental Accounting Standards Board Statements 25 and 27. This bill would prohibit the minimum employer contribution from being less than zero or resulting in a contribution credit for the subsequent year. This bill would also amend minimum funding standards to ensure compliance with federal law.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.

Sincerely,

/s/ Russell W. Hinton State Auditor

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

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown
Brush Y Burton Y Butler Y Cable Y Cagle E 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,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue

Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N E Thompson Y 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 by substitute.

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Senator Scott of the 36th moved that HB 616 be immediately transmitted to the House.
On the motion, the yeas were 34, nays 0, and HB 616 was immediately transmitted.
HB 617. By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to enact the "Public Retirement Systems Investment Authority Law"; and for other purposes.
Senate Sponsor: Senator Gingrey of the 37th.
The Senate Retirement Committee offered the following substitute to HB 617:
A BILL
To be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to enact the "Public Retirement Systems Investment Authority Law"; to provide that all public retirement systems shall be subject to Chapter 20 of Title 47 of the Official Code of Georgia Annotated; to define a certain term; to provide the investment authority for public retirement systems in this state that are by law made subject to such provisions; to provide that such provisions shall be applicable to certain public retirement systems; to provide for exceptions; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting immediately following Code Section 47-20-3 a new Code section to read as follows:
"47-20-4.
Any other provision of law to the contrary notwithstanding, any public retirement system or pension fund supported wholly or partially by public funds shall be subject to the provisions of this chapter. This Code section applies, without limitation, to the Georgia Municipal Employees Benefit System created by Chapter 5 of this title and to any association of like political subdivisions which contracts with its members for the pooling of assets. This Code section shall not apply to any defined contribution retirement system."
SECTION 2.
Said title is further amended by inserting at the end of Chapter 20, the "Public Retirement Systems Standards Law," the following:
"ARTICLE 7
47-20-80.
This article shall be known and may be cited as the 'Public Retirement Systems Investment Authority Law.'
47-20-81.
(a) As used in this article, the term 'fund' means the investment fund of any public retirement system or pension system supported wholly or partially from public funds. Such term shall include any pool of such funds for investment purposes.

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(b) The provisions of this article shall not apply to political subdivisions which contract with an association of like political subdivisions for the pooling of assets; provided, however, that the provisions of this article shall apply to such association.
47-20-82.
(a) Funds shall invest in or lend their assets on the security of, and shall hold as invested assets, only eligible investments as prescribed in this article.
(b) Eligibility of an investment shall be determined as of the date of its making or acquisition.
(c) Any investment limitation based upon the amount of the fund's assets shall relate to such assets on the basis of the assets' aggregate historical cost.
47-20-83.
(a) Subject to limitations stated in this article, funds may invest in the following in certificated or uncertificated form:
(1) Corporations or obligations of corporations organized under the laws of this state or any other state or under the laws of Canada, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that except as provided in Code Section 47-20-84, no fund shall invest in corporations or in obligations of corporations organized in a country other than the United States or Canada; provided, further, that such obligation shall be listed as investment grade by a nationally recognized rating agency;
(2) Repurchase and reverse repurchase agreements for direct obligations of the United States government and for obligations unconditionally guaranteed by agencies of the United States government and for investments eligible under paragraph (1) of this Code section;
(3) Cash assets or deposits in checking or savings accounts under certificates of deposit or in other form in banks and trust companies and in savings accounts, certificates of deposit, or similar certificates or evidences of deposits in savings and loan associations and building and loan associations which have qualified for the insurance protection afforded by the Federal Deposit Insurance Corporation;
(4) Bonds, notes, warrants, and other evidence of indebtedness which are direct obligations of the government of the United States of America or for which the full faith and credit of the government of the United States of America is pledged for the payment of principal and interest;
(5) Loans guaranteed as to principal and interest by the government of the United States of America, or by any agency or instrumentality of the government of the United States of America, to the extent of such guaranty;
(6) Taxable bonds, notes, warrants, and other securities not in default which are the direct obligations of any state of the United States or of the District of Columbia, or of the government of Canada or any province of Canada, or for which the full faith and credit of such state, district, government, or province has been pledged for the payment of principal and interest;
(7) Bonds, notes, warrants, and other securities not in default which are the direct obligations of the government of any foreign country which the International Monetary Fund lists as an industrialized country and for which the full faith and credit of such government has been pledged for the payment of principal and interest, provided such securities are listed as investment grade by a nationally recognized rating agency;
(8) Bonds, debentures, or other securities issued or insured or guaranteed by any agency, authority, unit, or corporate body created by the government of the United States of America whether or not such obligations are guaranteed by the United States;
(9) Collateralized mortgage obligations that are listed as investment grade by a nationally recognized rating agency;

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(10) Obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development or the International Financial Corporation;
(11) In addition to those investments eligible under paragraph (1) of this Code section, bonds, debentures, notes, and other evidences of indebtedness issued, assumed, or guaranteed by any solvent institution existing under the laws of the United States of America or of Canada, or any state or province thereof, which are not in default as to principal or interest and which are secured by collateral worth at least 50 percent more than the par value of the entire issue of such obligations, but only if not more than one-third of the total value of the required collateral consists of common stocks;
(12) In addition to those investments eligible under paragraph (1) of this Code section, secured and unsecured obligations of issuers described in paragraph (11) of this Code section other than the obligations described in paragraph (11) of this Code section, bearing interest at a fixed rate, with mandatory principal and interest due at specified times, if the net earnings of the issuing, assuming, or guaranteeing institution available for its fixed charges for a period of five fiscal years next preceding date of acquisition by the fund have averaged per year not less than one and one-half times its average annual fixed charges applicable to such period and if during either of the last two years of the period of such net earnings have been not less than one and one-half times its fixed charges for the year; provided, however, that any such obligation shall be listed as investment grade by a nationally recognized rating agency;
(13) In addition to those investments eligible under paragraph (1) of this Code section, equipment trust obligations or certificates adequately secured and evidencing an interest in transportation equipment, wholly or in part within the United States of America, and the right to receive determinated portions of rental, purchase, or other fixed obligatory payments for the use or purchase of the transportation equipment;
(14) Loans that are secured by pledge or securities eligible for investment under this article;
(15) Purchase money mortgages or like securities received upon the sale or exchange of real property acquired;
(16) In addition to those investments eligible under paragraph (1) of this Code section, a mortgage or a mortgage participation, pass-through, conventional pass-through, trust certificate, or other similar security which represents an undivided, beneficial interest in a pool of loans secured by first mortgages, deeds of trust, or deeds to secure debt upon fee simple, unencumbered, improved, or income-producing real property located in the United States or Canada, which is improved with a residential building or condominium unit or buildings designed for occupancy by not more than four families, including leasehold estates in such real estate if such first mortgages, deeds of trust, or deeds to secure debt are fully guaranteed or insured by the Federal Housing Administration, the United States Department of Veterans Affairs, the Farmers Home Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal National Mortgage Association, or any similar governmental entity or instrumentality;
(17) Land and buildings on such land used or acquired for use as a fund's office for the convenient transaction of its own business; provided, however, that portions of such buildings not used for its own business may be rented by the fund to others; provided, further, that the amount investment by a fund in office property shall not exceed 10 percent of the retirement system assets;
(18) Real property acquired in satisfaction in whole or in part of loans, mortgages, liens, judgments, decrees, or debts previously owing to the fund in the course of its business;
(19) Real property acquired in part payment of the consideration on the sale of other real property owned by the fund if such transaction effects a net reduction in the fund's investment in real estate;
(20) Real property acquired by gift or devise, or through merger or consolidation with another fund; and

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(21) Additional real property and equipment incident to real property if necessary or convenient for the enhancement of the marketability or sale value of real property previously acquired or held by the fund under paragraphs (18), (19), and (20) of this Code section.
(b) Notwithstanding the provisions of subsection (a) of this Code section, the Georgia Municipal Employees Benefit System and any association of like political subdivisions which contracts with its members for the pooling of assets may invest up to 5 percent of the total assets of its fund in real estate; provided, however, that in the event the fund's assets decrease in value, the association shall be entitled to retain all real estate investments if owned prior to the reduction in value of assets; provided, further, that any such association shall be entitled to retain all real estate assets it owned on July 1, 1999, without regard to the limitation imposed by this subsection.
47-20-84.
(a) As used in this Code section, the term 'large retirement system' means:
(1) Any retirement system created by this title which has an accumulated unfunded actuarial accrued liability not greater than 25 percent of the total of its assets;
(2) The Georgia Municipal Employees Benefit System created by Chapter 5 of this title;
(3) Any association of like political subdivisions which, on, before, or after July 1, 1999, contracts with its members for the pooling of assets; and
(4) Any public retirement system other than a retirement system defined in paragraphs (1), (2), and (3) of this subsection which meets the following criteria:
(A) The retirement system assets are in excess of $50 million;
(B) The retirement system provides a defined benefit plan;
(C) The retirement system investments are managed by one or more independent professional investment managers recognized by the National Association of Securities Dealers and the United States Securities and Exchange Commission and which adhere to the code of ethical standards and conduct of the Association for Investment Management and Research;
(D) The retirement system investments are limited to those equities of investment grade quality or better, provided that leverage techniques, option techniques, futures, commodities, private placements, and direct participation plans may not be used in making equity investments; and
(E) Has an accumulated unfunded actuarial liability not greater than 25 percent of the total of its assets.
(b) A large retirement system may not invest more than 10 percent of the retirement system assets in corporations or in obligations of corporations organized in a country other than the United States or Canada subject to the provisions of paragraph (1) of Code Section 47-20-83.
(c) A fund shall not invest more than 55 percent of retirement system assets in equities; provided, however, that a large retirement system shall invest not more than 60 percent of its assets in equities. Any fund which is not in compliance with the limitations imposed by this subsection shall be granted a two-year period to come into compliance; provided, however, that during such two-year period, the fund shall not increase the percentage of its assets invested in equities.
(d) In the event the value of a fund's assets decreases so as to render such fund ineligible to invest in foreign equities as provided in subsection (b) of this Code section and to invest in excess of 55 percent of its assets in total equities as provided in subsection (c) of this Code section, such fund shall have 12 months from the date of such event to come into compliance with the investment authority provided by this article; provided, however, that during such period such fund shall not increase its holdings in foreign equities and shall not increase its total holdings in equities.

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47-20-85.
Notwithstanding any provision of the federal Secondary Mortgage Market Enhancement Act, 15 U.S.C. Section 77r1, to the contrary, any fund subject to the provisions of this article shall comply with all provisions, restrictions, and limitations concerning investments provided in this article.
47-20-86.
This article shall be enforced as provided in Article 3 of this chapter."
SECTION 3.
Said title is further amended by striking in its entirety Code Section 47-1-12, relating to the investment and reinvestment of any local retirement system fund, and inserting in lieu thereof the following: "
47-1-12.
(a) As used in this Code section, the term:
(1)-'Defined contribution plan' means a plan which provides for an individual account for each participant and for benefits based solely on the amount contributed to the participant's account; any income, expenses, gains, and losses; and any forfeiture of accounts of other participants which may be allocated to such participant's account, which plan is intended to be qualified under Section 401(a) of the Internal Revenue Code, 42 U.S.C. Section 401(a).
(2)-'Local retirement system' means any retirement system established or maintained under Article IX, Section II of the Constitution of Georgia including, without limitation, any pooling of assets pursuant to a contract between a county governing authority and any association of like political subdivisions.
(b)-Notwithstanding Code Section 36-80-3, Code Section 36-83-4, or any other law, the The board of trustees of any local retirement system shall have full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system; provided, however, that, except as otherwise provided in this Code section, such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments.
(c)-For purposes of this subsection, retirement system assets shall be valued at the cost of such assets to the retirement system. Except as provided in subsection (f) of this Code section, the board of trustees of a local retirement system except a local retirement system which offers only a defined contribution plan shall not invest more than 50 percent of retirement system assets in equities, except that the board of trustees may invest no more than 55 percent of retirement system assets in equities if the retirement system meets the following criteria:
(1)-The retirement system assets are in excess of $50 million;
(2)-The retirement system provides a defined benefit plan;
(3)-The retirement system investments are managed by one or more independent professional investment managers recognized by the National Association of Securities Dealers and the United States Securities and Exchange Commission and which adhere to the code of ethical standards and conduct of the Association for Investment Management and Research; and
(4)-The retirement system investments are limited to those equities of investment grade quality or better, provided that leverage techniques, option techniques, futures, commodities, private placements, and direct participation plans may not be used in making equity investments.

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(d)(b) Notwithstanding the provisions of Code Section 33-11-21, the board of trustees of any local retirement system shall not be restricted to investing in those equities which have paid a cash dividend in at least three of the last five years preceding the purchase of such equities.
(e)-Each local retirement system shall adopt written guidelines and procedures for the investment of retirement system assets. Such written guidelines shall meet all requirements of general law and shall be adopted by ordinance or resolution of the governing authority of the political subdivision, except that the guidelines and procedures for the investment of assets of a retirement system meeting the criteria described in paragraphs (1) through (4) of subsection (c) of this Code section shall be adopted by the governing body of the retirement system. Such guidelines shall, at a minimum, address the investment goals of the retirement system, the authorized investments of system assets, the frequency of evaluation of retirement plan investment returns, and the ratio between fixed income and equity investments of system assets.
(f)(c) Nothing in this Code section shall be construed to limit or restrict the authority of the board of trustees of any retirement system to invest or reinvest assets of such system in such manner and under such conditions as are authorized by law.
(g)(d)The state auditor shall monitor the investment activity of local retirement systems and shall submit a report to the Governor and the presiding officer of each chamber of the General Assembly describing the effect, if any, changes in investment policy have had on those systems. Such report shall be submitted not later than December 31, 2001."
SECTION 4.
Said title is further amended by striking in its entirety subsection (a) of Code Section 47-2-31, relating to the investment authority of the board of trustees of the Employees' Retirement System of Georgia and related matters, and inserting in lieu thereof the following:
"(a) The board of trustees shall have full power to invest and reinvest the assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system; provided, however, that:

(1)-Such such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada; and
(2)-The board of trustees shall not invest more than 50 percent of retirement system assets in equities."
SECTION 5.
Said title is further amended by striking in its entirety subsection (a) of Code Section 47-3-27, relating to the investment powers of the board of trustees of the Teachers Retirement System of Georgia and related matters, and inserting in lieu thereof the following: "
(a) The members of the board of trustees shall be the trustees of the retirement system and shall have full power to invest and reinvest its assets, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurers in the making and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million;

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provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. No more than 50 percent of retirement system assets may be invested in equities. Subject to like restrictions, the board of trustees shall have the power to hold, transfer, and dispose of any investments in which retirement system assets are invested, including proceeds of investments. The board of trustees is authorized to employ agents, including banks and trust companies, to act as investment advisors advisers and make investments if the board of trustees so authorizes."
SECTION 6.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-4-26, relating to the power of the board of trustees of the Public School Employees Retirement System over funds and related matters, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. The board may not invest more than 50 percent of such funds in equities. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."
SECTION 7.
Said title is further amended by striking in its entirety subsection (a) of Code Section 47-5-24, relating to the powers and duties of the board of trustees of the Georgia Municipal Employees Benefit System, and inserting in lieu thereof the following:
"(a) The board of trustees is authorized to invest and reinvest funds held by it in any investments which are legal investments for domestic insurance companies under the laws of this state or in any investments authorized for trustees of private retirement plans by the Employees Retirement Income Security Act of 1974, as amended under Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law'. The board of trustees shall have the discretion to decide the allocation of funds among such investments. The board of trustees is further authorized to purchase, acquire, hold, lease, sell, and convey real and personal property."
SECTION 8.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-7-23, relating to the powers and duties of the board of trustees of the Georgia Firefighters' Pension Fund, and inserting in lieu thereof the following:
"(b) The board shall have the full power to invest and reinvest such funds subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.'; provided, however, that the board may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million. The board shall be authorized to invest no more than 50 percent of the funds or assets in equities and may not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and money belonging to the fund."

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SECTION 9.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-11-23, relating to the control of the board of trustees of the Judges of the Probate Courts Retirement Fund over the assets of the fund and related matters, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the state upon domestic life insurance companies in the making and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.'; provided, however, that the board may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund; provided, however, that the board may invest not more than 50 percent of the assets of the retirement fund in common stocks and may not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada."
SECTION 10.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-14-23, relating to the investment powers of the board of trustees of the Superior Court Clerks' Retirement Fund and related matters, and inserting in lieu thereof the following:
"(b) The board of trustees shall have full power to invest and reinvest the assets of the fund and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the fund have been invested, any proceeds of any investments, and any money belonging to the fund; provided, however, that:
(1)-Such such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada; and
(2) The board of trustees shall not invest more than 50 percent of fund assets in equities."
SECTION 11.
Said title is further amended by striking in its entirety subsection (a) of Code Section 47-16-26, relating to the power of the board of trustees of the Sheriffs' Retirement Fund of Georgia to control, invest, and expend funds and related matters, and inserting in lieu thereof the following:
"(a) The board shall have control over the funds provided for in this chapter, authority to expend such funds in accordance with this chapter, and authority to invest the funds in investments which would be permissible for domestic life insurance companies under the laws of this state, subject to all terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' provided, however, that the board may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; and provided, further, that the board may invest not more than 50 percent of the assets of the retirement fund in common stocks and equities and may not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada."

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SECTION 12.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-17-23, relating to the investment authority of the board of trustees of the Peace Officers' Annuity and Benefit Fund, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.'; provided, however, that the board may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; and provided, further, that the board may invest not more than 50 percent of the assets of the fund in common stocks and equities and may not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."
SECTION 13.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-23-22, relating to the control of the board of trustees of the Georgia Judicial Retirement System over funds and related matters, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."
SECTION 14.
Said title is further amended by striking in its entirety subsection (d) of Code Section 47-1-3, relating to the power of local retirement systems to hire an actuary and related matters, and inserting in lieu thereof the following:
"(d) Once every two years, the board of trustees or other governing authority of each local retirement system shall have the system's actuary make an actuarial investigation. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, mortality, disability, withdrawal, and retirement. The actuarial investigation shall also include consideration of the experience of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payments necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the local retirement system board of trustees or other governing authority thereof shall attach a copy of all the provisions of the plan for the local retirement system, including the requirements and conditions for qualifying to participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. Beginning on October 1, 1996, and every two years thereafter on such date, the board of trustees or other governing authority of each such local retirement system shall have on file with the state auditor an actuarial investigation meeting the requirements of this subsection. This subsection shall not apply to a retirement or pension program which is established pursuant to an insurance contract

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between an insurer and a county, municipality, local board of education, or other political subdivision or between an insurer and any commission, board, or other agency of any such political subdivision. As used in the preceding sentence, the word 'insurance' and the word 'insurer' shall have the meanings set forth, respectively, in Code Section 33-1-2. Municipalities providing a retirement program for their employees pursuant to a contract with the Board of Trustees of the Georgia Municipal Employees Benefit System shall not be required to submit actuarial investigations under this subsection or financial reports under this Code section. In lieu of such actuarial investigations and reports, the Board of Trustees of the Georgia Municipal Employees Benefit System shall prepare a comprehensive report once every two years based on the information required under Code Sections 47-5-26 and 47-5-30. Such comprehensive reports shall be filed with the state auditor at the same time as actuarial investigations are filed as provided in this subsection. Any county providing a retirement program for its employees pursuant to a contract with, or a program offered by, the Association County Commissioners of Georgia shall also be exempt from the requirements of this subsection and subsections (e) through (j) of this Code section or financial reports under this Code section, if the Association County Commissioners of Georgia files with the state auditor, at the same time actuarial investigations are filed under this subsection, a comprehensive report substantially equivalent to the comprehensive report filed by the Board of Trustees of the Georgia Municipal Employees Benefit System as provided in this subsection. Nothing in this subsection shall be construed as to exempt either the Georgia Municipal Employees Benefit System or the Association County Commissioners of Georgia from the provisions of Code Section 47-20-4."
SECTION 15.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 16.
All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400
January 5, 2000
The Honorable Sonny Huggins, Chairman Senate Retirement Committee Legislative Office Building, Suite 313-B Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Committee Substitute to House Bill 617 (LC 21 5694S)
Dear Chairman Huggins:
This substitute bill would amend the Public Retirement Systems Investment Authority Law. This bill would establish guidelines and procedures for investing funds of the public retirement systems. This bill would define the term "large retirement system." Large retirement funds would not invest more than ten percent of its assets in corporations or obligations outside of the United States and Canada. Large retirement funds would also invest no more than sixty percent or retirement assets in equities, while all other retirement systems would invest no more than fifty-five percent of retirement assets in equities. Finally, this bill would require that each local retirement system be subject to an actuarial investigation every two years. This bill would be effective upon signature by the Governor.

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This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law.

Sincerely,

/s/ Russell W. Hinton State Auditor

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by 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 Y Brown
Brush Y Burton Y Butler Y Cable Y Cagle E 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue

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

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

The bill, having received the requisite constitutional majority, was passed by substitute. Senator Dean of the 31st moved that HB 617 be immediately transmitted to the House.

On the motion, the yeas were 41, nays 0, and HB 617 was immediately transmitted.

Senator Kemp of the 3rd asked unanimous consent that HB 649 be dropped to the foot of the Calendar. The consent was granted, and HB 649 was dropped to the foot of the Calendar.

HB 804.

By Representatives Stokes of the 92nd, Walker of the 141st, Martin of the 47th, Richardson of the 26th and Wiles of the 34th:

A bill to amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to the place of sessions and terms of the Supreme Court of Georgia, so as to change the terms of the court and the ending dates of certain terms; and for other purposes.

Senate Sponsor: Senator Egan of the 40th.

The Senate Special Judiciary Committee offered the following substitute to HB 804:

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A BILL

To be entitled an Act to amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to the place of sessions and terms of the Supreme Court of Georgia, so as to change the terms of the court and the ending dates of certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to the place of sessions and terms of the Supreme Court of Georgia, is amended by striking subsections (b) and (c) of said Code section and inserting in lieu thereof the following:

"(b) Unless the Supreme Court by rule or order chooses to extend its terms of court, the terms shall be as follows:

(1) January term beginning the first Monday in January;

(2) April term beginning the first third Monday in April; and

(3) September term beginning the first Monday in September.

(c) Each term shall continue until the business for that term has been disposed of by the court, provided that, unless sooner closed by order of the court, the September term shall end on December 20 16, the January term shall end on April 14, and the April term shall end on July 31. No judgment in a second-term case, other than a judgment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term. Disposition of firstterm cases may be made during nonterm periods."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 46, 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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle E Cheeks Y Crotts Y Dean Y Egan

Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee

Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D

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Y Fort Y Gillis Y Gingrey Y Golden

Y Madden Y Marable Y Meyer v Bremen Y Perdue

Y Thomas,N E Thompson
Walker Y Williams

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute. Senator Egan of the 40th moved that HB 804 be immediately transmitted to the House.

On the motion, the yeas were 40, nays 0, and HB 804 was immediately transmitted.

Senator Gillis of the 20th introduced the doctor of the day, Dr. Onkar Kaur.

The following communication was received by the Secretary:

January 14, 2000
Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Frank:
Please see that the following note is placed in the journal.
Senator Thompson arrived shortly before the joint session and attended the same.
Thank you so much.
Sincerely, /s/ Steve Thompson
Senator Walker of the 22nd moved that upon the dissolution of the Joint Session the Senate stand adjourned pursuant to SR 387 until 10:00 a.m. Monday, January 24, 2000, and the President announced the motion prevailed at 10:48 a.m..
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a message by Honorable Robert Benham, Chief Justice of the Supreme Court, was called to order by the President of the Senate. HR 746 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.
Honorable Robert Benham, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and the House of Representatives as follows:
Speaker Murphy, Lieutenant Governor Taylor, members of the General Assembly, my colleagues on the Supreme Court and Court of Appeals, members of the judiciary, members of the staff of the judiciary, ladies and gentlemen, thank you for the opportunity to speak to you this morning on the State of the Judicial Branch. It is a pleasure and a privilege to report to you that the state of the judiciary is fine.

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It is an honor to represent the courts today, to give you an accurate reflection of our achievements, both great and small, and to define to the best of my ability our aspirations for the courts of this state in the coming year and beyond.
This is my fifth opportunity to address a joint session of the House and Senate. Since 1968 I have had the pleasure of serving under five Governors. First as an intern under Governor Maddox, then as a Special Attorney General under Governor Busbee, then as a Judge under Governor Harris, and then as Chief Justice under Governors Miller and Barnes. I have seen many changes take place and I have seen Georgia grow not only in population but also in importance. The State of Georgia of 2000 is materially different and significantly better than the Georgia of 1968 when I first came to government. It is better, in part, due to the strong leadership you have provided and the tough decisions you have made. You have not been satisfied just in holding public office, you have provided service during your tenure. We applaud you for the sacrifices you have made and the service you have rendered. I applaud your speaker and Lieutenant Governor, who have led by example and who have sought to compromise rather than polarize. I applaud my own delegation of Dean Marable, Lewis, Cummings, Shannahan and others who have given yeoman service in improving the quality of life of all our citizens. I applaud many of the greater members such as Denmark Groover, Grace Hamilton, Pappa Dent, Cathy Cox, John Lewis and public servants such as Elmore Thrash who have been willing to serve God, sacrifice for family, share with the neighbors and perform public service. I applaud our judges who are some of the best and brightest in this country and they have upheld their oath to do equal justice to the rich and poor alike.
I am proud to represent the system of justice of our state and our nation. I especially want people to know that, just as the government as a whole derives its powers from the people, the effectiveness of the judicial branch is measured by the respect and confidence of the people we serve. So while we wear a robe and preside in a courtroom, we are mindful that our decisions must be grounded in fundamental moral values and must be worthy of respect and trust. With the support given by the General Assembly, the Executive Branch and the citizenry, we continue to uphold the ideal of justice and to work daily to improve the system.
Our goal is to have the best court system in the nation and in order to do so we must have high expectations, high standards, a superb curriculum for continuing legal and judicial education and adequate resources to fund our efforts.
Before I tell you about our current initiatives toward system improvement, I want to express gratitude to you for your past support of the court system and its needs. Thanks to you we now have an expanded Court of Appeals with enough judges to handle the workload. Thanks to you we are serving the needs of victims of family violence more effectively. Women and children all across this state face overwhelming difficulties in getting lives, torn apart by domestic violence, back in order. Due to your generosity one of our grantees, Georgia Legal Services, was able to assist 1800 victims of family violence who faced civil legal problems. When family members are included the total number of people served reaches 4,500. This funding has an immediate impact and we are grateful for your support.
Thanks to you we have put more trial court judges on the bench during the past year. In many circuits the courts struggle to keep pace with caseload growth caused by the increasing population, we appreciate your responsiveness to our continuing need for judicial resources.
Let me first talk about judicial independence. I had the pleasure of meeting with Mikhail Gorbachev, the former President of the Soviet Union. He asked me how I felt while waiting for "the call?" "What call, Mr. Gorbachev?" I asked. "In the Soviet Union, a Judge hears a case and then waits for the Party to call to tell him what decision he is to make." I said, "Excuse me Mr. Gorbachev, there aren't any calls in the United States of America. We have an independent judiciary."
We in the judiciary are often the least visible branch of government and, because we must remain impartial, the least accessible branch of government. Citizens may influence the course of legislation or write to the governor, but judges make their decisions alone in accordance with the laws. So while we must decide issues affecting principles, property, freedom and lives which are of critical importance to all citizens, our processes are not subject to outside influence. The very nature of our system of justice can lead to misunderstanding on the part of citizens and mistrust of court procedures. So it is especially important for judges to communicate effectively and it is important that we conduct business in a manner that builds confidence in the courts. We may be removed from public debate at times,

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but I can assure you that complaints about the courts do reach our ears. We are open to new ideas and we want to reach out to the community for input and advice.
I have said before that the courts cannot solve all of society's problems. We are the institution of last resort, when other avenues of dispute resolution have failed, and that reality allows many to blame the courts or to imply that the courts are somehow ineffective. The courts provide an impartial forum to settle disputes and uphold the laws. In a society that is far from perfect, we are asked to provide equal justice. The courts are open each day to hear cases and judges continue to make the tough decisions that must be made. We are here to serve the citizens of Georgia in a manner that is worthy of trust and respect. And we are working on many fronts to improve the court system and to build confidence in our system of justice.
Now let me talk briefly about court initiatives. As I mentioned earlier the courts have made progress and they have goals and initiatives that I want to share with you this morning. Through the efforts of our Office of Commissions and Programs, we are launching projects designed to increase public trust and confidence in the courts and to make our courts more accessible to all. The Commission on Equality is establishing a People's Law School for the Hispanic Community here in Atlanta. Working together with the Atlanta Hispanic Chamber of Commerce, the Georgia Hispanic Bar Association and the Georgia Civil Justice Foundation, the commission will provide facilitators for monthly seminars on the justice system. The seminars will be held in local neighborhoods to bring information to citizens where they live. This is an exciting outreach project that recognizes our diversity and the need for accurate information in our immigrant communities.
We will continue to implement the recommendations of the Commission on Equality to address concerns as to the full participation of minorities in the legal process and the fair treatment of all citizens who are involved in the legal process.
Former Justice Hardy Gregory is heading up the work of our Blue Ribbon Commission on the Judiciary. This group will address several critical issues: improvement to courts organization and structure; court system resources; quality of justice issues; and special challenges. I look forward to reports from these subcommittees and to hearing their recommendations.
I have recently asked Judge Yvette Miller, one of the newest members of the Court of Appeals, to take the lead for the Commission on Public Trust and Confidence. Judge Miller formerly served on the bench of the State Court of Fulton County and she brings a keen intellect and high energy to the task. As I understand it, the commission plans to conduct a statewide survey to gather data regarding public perception of the justice system in Georgia. We will use the results of the survey as a guide to strategic approaches to building public trust and confidence in our courts. They also plan televised Town Hall Meetings for participatory discussion of issues identified in the statewide survey.
National surveys have already revealed that citizens believe that we do a good job in protecting the rights of citizens and providing legal representation to those unable to afford it. The survey also revealed that the judicial system, by and large, is free from corruption and that judges are held to high ethical and moral standards. But the survey also revealed that citizens believe that justice costs too much, lasts too long and that minorities feel that they are treated unfairly. We will continue to develop strategies to address these systemic problems.
Projects are going forward to provide assistance to pro se litigants at the courthouse. For sometime now we have been focusing on improving and upgrading our foster care proceedings in juvenile court. Some 14,000 to 20,000 Georgia children are presently in foster care. Some 48,000 children are abused each year and many of these children end up in the juvenile system and later end up in our YDC's and prisons.
To address problems of disruptive homes, lack of parental care, and at-risk situations for our children many of these children have been removed temporarily from their homes. We have taken steps to shorten this period of disruption in their lives and to ensure that the professionals responsible for their well-being while they are in state custody and the judges who preside over their cases are well-trained and well-equipped to do their jobs.
At present the responsibility for funding juvenile justice remains a local responsibility with local governments shouldering the burden of operating judicial facilities and paying court personnel. As you are aware, the judicial

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branch is asking for state appropriations for juvenile court judgeships. It is my belief that no other budget item would produce the benefits to this state that would be generated by adding specialized juvenile court judges. State funding will allow us to have procedures that are streamlined and uniform, to provide speedy consideration of cases. It will provide career opportunities for judges who have a sincere interest in improving the lives of our young people. It will allow us to remove dangerous juveniles from society and provide treatment and rehabilitation for the thousands of salvageable young people. The courts must be able to safeguard children when parents cannot or will not. We must be there for our children, for the sake of justice and for the sake of the future.
Our trial court judges are embarking on a time and motion study of judicial workloads. This is the first time Georgia has conducted such a study and the findings will give us empirical data to use in our projections of judicial resources needs in the coming years. The National Center for State Courts and our Administrative Office of the Courts are organizing the study. I am grateful to our superior, state and juvenile court judges who have agreed to participate in this exciting effort. We expect a report from the project before the year's end.
In order to combat the evils of substance abuse, including the increased burdens it has placed on our court system, we need not only adequate resources and procedures to quickly and fairly adjudicate cases but we also need pilot drug court projects for diversion, education, prevention, treatment and rehabilitation of communities.
In order to satisfy federal and state reporting requirements we must have adequate resources so that we can marshal information from all 48 judicial circuits and furnish it to various local, state, national and international agencies as we are mandated to do.
The role of the courts is constantly changing. Early in the development of our legal system when few matters were brought to the court for resolution, we simply served as referees. As our state began to grow and businesses began to expand, courts had to manage increasingly complex and protracted litigation. Now that there has been an explosion in our population and we have become a technologically advanced society with mass torts, multi-district litigation, organized crime, juvenile justice issues, and domestic violence, to name a few, courts must become actual players in the game by shaping and molding new and increasingly complex legal procedures to meet the needs of society in the area of conflict resolution.
I hope you will agree with me that the courts are not at a standstill, nor mired in the past. We are looking ahead and moving ahead. Not resting on our achievements, but working toward the common goal of a just society. I believe in our system. I believe as well that the courts are a symbol of the ideals that all Americans share. We stand for fairness, for justice, and for the rule of law.
With your help and support we will continue to meet the challenge before us and we will provide the citizens of this state with a legal system that is fair, just, cost effective and efficient. We will protect society by dealing firmly and fairly with those who violate the laws. We will fully clothe our citizens with all their constitutional and statutory protections while at the same time providing them with a superior system of justice that is without equal and the envy of the nation.
Lieutenant Governor Taylor, Speaker Murphy, members of the General Assembly, that is the state of the judiciary..
Thank you.
The President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. Monday, January 24, 2000.

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Senate Chamber, Atlanta, Georgia Monday, January 24, 2000 Sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

The following communications were received by the Secretary:

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505
January 18, 2000
The Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Ga. 30334
Dear Secretary Eldridge:
I am transmitting herewith the name of the Senator elected in the January 11, 2000 Special Election Runoff for the office of State Senate in the General Assembly of Georgia from District 2, as the same appear from the consolidated returns which are of file and record in this office.
With Kindest regards and best wishes, I am
Most Sincerely, /s/ Cathy Cox Secretary of State

STATE OF GEORGIA
OFFICE OF SECRETARY OF STATE
I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 21st day of December, 1999, in District 2 of the State Senate, in Chatham County, to fill the vacancy existing due to the resignation of the Honorable Diana Harvey Johnson, show the following results:
Pro-Life Anderson - - - - - - - - - - - 76 Dana F. Braun - - - - - - - - - - - - 3,724 Willie Brown - - - - - - - - - - - - - - 294 Bob Bryant - - - - - - - - - - - - - - - -780

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Charles Gordon - - - - - - - - - - - - 453 Regina Thomas - - - - - - - - - - - 3,472

Inasmuch as no candidate received a majority of the votes cast, a Special Election Runoff was held on January 11, 2000 and the consolidated returns on file in this office show the following results:

Dana F. Braun - - - - - - - - - - - - 6,191 Regina Thomas - - - - - - - - - - - 6,264

Having received a majority of the votes cast, Regina Thomas was duly elected to this office.

(SEAL)

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 12th day of January, in the year of our Lord Two Thousand and of the Independence of the United States of America the Two Hundred and Twenty-fourth.
/s/ Cathy Cox Secretary of State

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505
January 18, 2000
The Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Ga. 30334
Dear Secretary Eldridge:
I am transmitting herewith the results of the recount held on January 14, 2000 confirming the name of the Senator elected in the January 11, 2000 Special Election Runoff for the office of State Senate in the General Assembly of Georgia from District 2, as the same appear from the consolidated returns which are of file and record in this office.
With Kindest regards and best wishes, I am
Most Sincerely,
/s/ Cathy Cox Secretary of State

STATE OF GEORGIA
OFFICE OF SECRETARY OF STATE
I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the recount of the votes cast in the Special Election Runoff held on the 14th day of January,

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2000, in District 2 of the State Senate, in Chatham County, to fill the vacancy existing due to the resignation of the Honorable Diana Harvey Johnson, show the following results:

Dana F. Braun - - - - - - - - - 6,196 Regina Thomas - - - - - - - - - 6,272

Having received a majority of the votes cast, Regina Thomas was duly elected to this office.

(SEAL)

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 18th day of January, in the year of our Lord Two Thousand and of the Independence of the United States of America the Two Hundred and Twenty-fourth.
/s/ Cathy Cox Secretary of State

State of Georgia Supreme Court of Georgia
Atlanta, Georgia January 18, 2000

Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

I, Robert Benham, do hereby certify by my signature below that I have this date, Tuesday, January 18, 2000, at 2:00 p.m. in the Senate Chamber, State Capitol, Fulton County, Atlanta, Georgia, administered the following Oath of Office to the Honorable Regina Thomas:

" I do hereby solemnly swear or affirm that I will support the Constitution of this state and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgement, be most conducive to the interests and prosperity of this State.

I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign State, nor of any political subdivision or authority thereof, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.

So help me God."

/s/ Robert Benham

The following communication was received by the Secretary:

OFFICE OF LIEUTENANT GOVERNOR Room 240, State Capitol Atlanta, Georgia 30334

Dear Senator Thomas, Please accept this letter as notification of your assignments to the following standing committees:
Corrections, Correctional Institutions and Property, Defense, Science and Technology, Education, Reapportionment and Veterans and Consumer Affairs.

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

Monday, January 24, 2000

105

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 160.

By Senator Crotts of the 17th:

A bill to amend an Act establishing the manner of electing members of the board of education of the Henry County School District so as to change the manner of electing such members.

SB 162.

By Senator Crotts of the 17th:

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.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 757.

By Representatives Mosley of the 171st, Murphy of the 18th, McClinton of the 68th and others:

A resolution recognizing the 20th Century as the Century of Women in the United States.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 332. By Senators Madden of the 47th, Golden of the 8th, Hecht of the 34th and Harbison of the 15th:

A bill to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change a provision relating to the presumed dependency of the husband or wife of a deceased employee; to authorize the Board of Workers' Compensation to approve a no-liability stipulated settlement between parties; to authorize agreements for lump sum settlements prorated over the life expectancy of the injured employee; to decrease from 60 days to 30 days the length of time in which a payor may make payment of medical charges; to allow income benefits to be paid by electronic funds transfer; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance and Labor.

SB 333. By Senators Madden of the 47th and Gillis of the 20th:

A bill to be entitled an Act to amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, so as to remove a prohibition on examinations for Class IV operators and laboratory analysts; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources.

SB 334. By Senators Madden of the 47th, Hill of the 4th, Hooks of the 14th and Bowen of the 13th:

A bill to be entitled an Act to amend Chapter 20B of Title 33 of the Official Code of Georgia Annotated, the "Essential Rural Health Care Provider Access Act," so as to eliminate the exemption for health maintenance organizations; to provide related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance and Labor.

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SB 335. SB 336. SB 337.
SB 338. SB 339.

By Senator Williams of the 6th:
A bill to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change certain provisions relating to special license plates for members and retired members of the Georgia National Guard; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
By Senators Williams of the 6th, Johnson of the 1st, Land of the 16th and others:
A bill to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to provide that the Professional Standards Commission shall grant a renewable certificate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program if such applicant meets certain conditions; to specify such conditions for the granting of a renewable certificate at the four-year level; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
By Senators Johnson of the 1st, Kemp of the 3rd and Hooks of the 14th:
A bill to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that with respect to any person who has been convicted of a capital offense and has had imposed upon him or her prior to May 1, 2000, a sentence of death, the death penalty may be carried out by lethal intravenous infusion; to provide that any person who, on or after May 1, 2000, is convicted of an offense for which the death penalty may be imposed and who has had imposed upon him or her a sentence of death shall suffer such punishment by electrocution or by continuous intravenous infusion of a lethal quantity of an ultra short-acting barbiturate in combination with such other drug or drugs; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
By Senators Kemp of the 3rd, Hecht of the 34th, Land of the 16th and Harbison of the 15th:
A bill to be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the provisions relating to the service of citations for the trial of ordinance violations and deposit account fraud in magistrate courts and the filing of copies with the court; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
By Senators Scott of the 36th, Egan of the 40th, Tate of the 38th and others:
A bill to be entitled an Act to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, so as to authorize utilization of the declaration of taking method of eminent domain for sewage treatment and disposal system purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.

Monday, January 24, 2000

107

SB 340. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to change the conditions under which the state revenue commissioner shall not approve tax digests when certain assessments are under appeal or arbitration; to change certain provisions regarding the withholding of certain grants; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 341. By Senators Williams of the 6th, Blitch of the 7th, Perdue of the 18th and others:
A bill to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to provide for the offering of state funded high school courses in the History and Literature of the Old Testament Era and the History and Literature of the New Testament Era; to provide for the adoption of the curricula for such courses by the State Board of Education; to provide for the topics of instruction, reading materials, and methods of teaching in such courses; to require certain training for teachers of such courses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
SB 342. By Senators Brush of the 24th, Streat of the 19th, Marable of the 52nd and others:
A bill to be entitled an Act to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to provide that certain violations shall not be criminal acts, ordinance violations, or moving traffic violations; to specify a penalty for certain violations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
SR 451. By Senators Perdue of the 18th, Land of the 16th, Cable of the 27th and others:
A resolution proposing an amendment to the Constitution so as to restrict amendments which increase appropriations made by the general appropriations Act; to provide for a short title; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Appropriations.
The following resolution of the House was read the first time and referred to committee:
HR 757. By Representatives Mosley of the 171st, Murphy of the 18th, McClinton of the 68th and others:
A resolution recognizing the 20th Century as the Century of Women in the United States; and for other purposes.
Referred to the Committee on Ethics.
The following committee report was read by the Secretary:
Mr. President:
The Committee on State and Local Governmental Operations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

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HB 573. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Senator Harbison of the 15th moved that Senator Fort of the 39th be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Fort was excused.

Senator Hooks of the 14th moved that Senator Ragan of the 11th be excused. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Ragan was excused.

The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Broun Brown Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Gillis Gingrey Golden

Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Ladd Lamutt Land Lee Madden Marable Meyer v Bremen Perdue

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

Those not answering were Senators:

Fort (excused) Kemp Polak Ragan (excused)

The members pledged allegiance to the flag.

Prayer was offered by Dr. John Wyatt, pastor of First Baptist Church, Tucker, Georgia.

The following resolutions were read and adopted:

SR 418. By Senators Starr of the 44th, Hecht of the 34th, Hooks of the 14th and others:

A resolution acknowledging the contributions of senior Georgians; observing the week of January 2428, 2000, as Senior Week at the Capitol; and for other purposes.

SR 419. By Senator Broun of the 46th:

A resolution commending and congratulating the Oconee County High School football team; and for other purposes.

Monday, January 24, 2000

109

SR 420. SR 421. SR 422. SR 423. SR 424. SR 425.
SR 426. SR 427. SR 428. SR 429. SR 430. SR 431. SR 432.

By Senator Ragan of the 11th: A resolution commending Brooke Turner as the 1999-2000 Queen of the Georgia High School Rodeo Association; and for other purposes. By Senator Ragan of the 11th: A resolution commending Holly Cox; and for other purposes. By Senator Ragan of the 11th: A resolution commending Nikki Hartzog; and for other purposes. By Senator Hill of the 4th: A resolution commending Captain Boyd Clines; and for other purposes. By Senator Hill of the 4th: A resolution commending Captain Ion McIver Gignilliat as the Peace Officer of the Year for Meritorious Service; and for other purposes. By Senator Hill of the 4th: A resolution commending Lt. Vic Moore, Sgt. Tonnie Williams, Sgt. Mark Cotton, Officer John Roberts, and Officer Brett Newman on receiving the Earl Hamrick Award for Acts of Valor; and for other purposes. By Senator Cheeks of the 23rd: A resolution recognizing and commending Kari Cope; and for other purposes. By Senator Broun of the 46th: A resolution recognizing and commending Asma Anwar; and for other purposes. By Senator Broun of the 46th: A resolution recognizing and commending Fred Smith, Jr.; and for other purposes. By Senator Hooks of the 14th: A resolution recognizing and commending Sommer Statham; and for other purposes. By Senator Williams of the 6th: A resolution commending Isaiah Houston; and for other purposes. By Senator Williams of the 6th: A resolution recognizing and commending Heather Sheppard; and for other purposes. By Senator Williams of the 6th: A resolution recognizing and commending Haley Carswell; and for other purposes.

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SR 433. SR 434. SR 435. SR 436. SR 437. SR 438. SR 439. SR 440. SR 441. SR 442. SR 443. SR 444. SR 445. SR 446.

By Senator Streat of the 19th: A resolution recognizing and commending Jennifer White; and for other purposes. By Senator Streat of the 19th: A resolution commending Matthew Lovett; and for other purposes. By Senator Cable of the 27th: A resolution recognizing and commending Christina Williams; and for other purposes. By Senator Cable of the 27th: A resolution commending Trey Cocus; and for other purposes. By Senator Blitch of the 7th: A resolution recognizing and commending Hal Darsey; and for other purposes. By Senator Perdue of the 18th: A resolution recognizing and commending Merideth Barrs; and for other purposes. By Senator Perdue of the 18th: A resolution recognizing and commending Trayvis Manuel; and for other purposes. By Senator Guhl of the 45th: A resolution recognizing and commending Ruthie Hull; and for other purposes. By Senator Guhl of the 45th: A resolution recognizing and commending Alexandra Nelson; and for other purposes. By Senator Guhl of the 45th: A resolution recognizing and commending Jessica Davis; and for other purposes. By Senator Guhl of the 45th: A resolution recognizing and commending Seth Turner; and for other purposes. By Senator Madden of the 47th: A resolution recognizing and commending John Dean; and for other purposes. By Senator Madden of the 47th: A resolution commending Ross Oglesby; and for other purposes. By Senator Brown of the 26th: A resolution commending Kristie Harris; and for other purposes.

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SR 447. SR 448. SR 449. SR 450. SR 452. SR 453. SR 454. SR 455.

By Senator Dean of the 31st: A resolution recognizing and commending Kaleb McMichen; and for other purposes. By Senator Marable of the 52nd: A resolution commending Joseph Walraven; and for other purposes. By Senator Bowen of the 13th: A resolution recognizing and commending Austin Carter; and for other purposes. By Senator Bowen of the 13th: A resolution commending Ashley Musselwhite; and for other purposes. By Senators Gingrey of the 37th and Dean of the 31st: A resolution honoring Travis Tritt; and for other purposes. By Senator Crotts of the 17th: A resolution commending and congratulating Dr. Joseph A. Blissit; and for other purposes. By Senator Crotts of the 17th: A resolution commending the members of the Silver-Haired Legislature; and for other purposes. By Senators Crotts of the 17th and Guhl of the 45th: A resolution commending Jean Hambrick on the occasion of her retirement; and for other purposes.

HB 35 HB 518 HB 523 HB 649 SB 27 SB 294 HB 76 HB 110

SENATE CALENDAR Monday, January 24, 2000 SIXTH LEGISLATIVE DAY Income tax; dependent deductions; amend provisions (F&PU-31st) Royal-164th Taxes; certain interest; disposition (Amendment)(F&PU-31st) Royal-164th Ad valorem tax; local fair share funds; amend provisions (Amendment)(F&PU-4th) Royal-164th Controlled substances; certain activities near park or housing project (Judy-3rd) Connell-115th Warrant for Arrest of Certain Teachers, Administrators-issuance (Substitute) (Judy-1st) Loansharking-criminal offense of unlicensed commercial loansharking (Amendment) (B&FI-23rd) Aviation Hall of Fame; official repository for aviation history (EDT&CA-20th) Walker-141st Concealed weapons; prohibitions; exempt certain retired District Attorneys (Substitute) (Judy-3rd) Mosley-171st

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HB 361 HB 449

Southeastern Railway Museum; official state transportation history museum (EDT&CA-46th) Coleman-80th
Stone Mountain Memorial Association; exercise police powers (EDT&CA-29th) Henson-65th

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

HB 35. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Annotated, relating to personal exemptions regarding the computation of Georgia taxable income, so as to change certain provisions with respect to dependent deductions; and for other purposes.
Senate Sponsor: Senator Dean of the 31st.
Senator Dean of the 31st asked unanimous consent that HB 35 be committed to the Finance and Public Utilities Committee. The consent was granted and HB 35 was committed to the Finance and Public Utilities Committee.

HB 518. By Representative Royal of the 164th:

A bill to amend Code Section 48-2-44 of the Official Code of Georgia Annotated, relating to penalty and interest on failure to file a return or pay revenue held in trust for the state and penalty and interest on failure to pay ad valorem tax, so as to change certain provisions for the disposition of certain interest; and for other purposes.

Senate Sponsor: Senator Dean of the 31st.

The Senate Finance and Public Utilities Committee offered the following amendment:

Amend HB 518 by striking "1999" and inserting in its place "2000" on line 30 of page 1.

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

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

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

Balfour Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan E Fort Y Gillis

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

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

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Y Gingrey Y Golden Y Guhl

Y Perdue Y Polak

Walker Y Williams

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

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

HB 523. By Representatives Royal of the 164th and Buck of the 135th:

A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for comprehensive revision of the method and manner of calculating and determining the assessment ratio of assessed value to fair market value; and for other purposes.

Senate Sponsor: Senator Hill of the 4th.

The Senate Finance and Public Utilities Committee offered the following amendment:

Amend HB 523 by striking "2000" and inserting in its place "2001" on line 25 of page 11. By striking "1999" and inserting in its place "2000" on line 29 of page 11.

On the adoption of the amendment, the yeas were 39, nays 0, and the committee amendment was adopted. Senator Hill of the 4th offered the following amendment:

Amend HB 523 by striking "2001" and inserting in its place "2000" in subsection (b) of Section 11 on page 11.

On the adoption of the amendment, the yeas were 38, nays 0, and the Hill of the 4th amendment was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun
Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

Senator Polak of the 42nd introduced the doctor of the day, Dr. John Gamwell.

The Calendar was resumed.

HB 649. By Representative Connell of the 115th:

A bill to amend Code Section 16-13-32.5 of the Official Code of Georgia Annotated, relating to manufacturing, distributing, dispensing, or possessing a controlled substance, marijuana, or a counterfeit substance within 1,000 feet of a park or housing project, so as to provide a penalty for the violation of one of two prohibited activities; and for other purposes.

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 N Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

SB 27.

By Senators Johnson of the 1st, Marable of the 52nd, Smith of the 25th and Jackson of the 50th:

A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide that any warrant for the arrest of a teacher or school administrator for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

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The Senate Judiciary Committee offered the following substitute to SB 27:

A BILL

To be entitled an Act to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide that any warrant, requested by a citizen who is not a law enforcement officer, for the arrest of a teacher or school administrator for any offense alleged to have been committed while in the performance of his or her duties, may be issued only after actual notice or a reasonable attempt to notify the alleged offender, a hearing, and a finding based on probable cause from the information of others given to the judge or officer under oath; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, is amended by striking Code Section 17-4-40, relating to persons who may issue warrants for arrest of offenders against penal laws, and inserting in its place the following:

"17-4-40.

Any judge of a superior, city, state, or magistrate court or any municipal officer clothed by law with the powers of a magistrate may issue his or her warrant for the arrest of any offender against the penal laws, based either on his or her own knowledge or on the information of others given to him or her under oath. Any retired judge or judge emeritus of a state court may likewise issue arrest warrants if authorized in writing to do so by an active judge of the state court of the county wherein the warrants are to be issued. Any warrant, requested by a citizen who is not a law enforcement officer, for the arrest of a teacher or school administrator for any offense alleged to have been committed while in the performance of such teacher's or administrator's duties, may be issued only after actual notice or a reasonable attempt to notify the alleged offender has been made, a hearing, and a finding based on probable cause from the information of others given to the judge or officer under oath. Any warrant for the arrest of a peace officer for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court."

SECTION 2.
This Act shall become effective on July 1, 1999, and shall be applicable to warrants for arrest issued on or after said date. This Act shall not apply to any warrant for the arrest of a teacher or school administrator issued prior to such date.

SECTION 3.

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

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

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 N Brown Y Brush

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson

Y Price,R Y Price,T Y Ragan Y Ray Scott Y Smith

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Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

SB 294. By Senators Cheeks of the 23rd, Broun of the 46th, Harbison of the 15th and others:

A bill to be entitled an Act to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, so as to create the criminal offense of unlicensed commercial loan sharking; to define the elements of such offense as making certain numbers of loans which violate the criminal usury statute; to provide for investigatory jurisdiction of the administrator of the "Fair Business Practices Act of 1975"; to provide for authority of the Attorney General to initiate and refer prosecutions; to prescribe criminal penalties and punishment, including restitution; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The Senate Banking and Financial Institutions Committee offered the following amendment:

Amend SB 294 by adding after the word "licensed" on lines 25 and 26 of page 2 the words "or registered".

By striking all matter on line 29 of page 2 and inserting the following:

"(2) A person subject to Article 13 of Chapter 1 of Title 7, the 'Georgia Residential Mortgage Act';".

By striking the words "financial identity fraud" on lines 24 and 25 of page 3 and inserting in place thereof the words "unlicensed commercial loan sharking".

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

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler N Cable Y Cagle

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

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat

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117

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

N Lamutt Y Land Y Lee N Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

HB 76.

By Representatives Walker of the 141st, Bohannon of the 139th, Floyd of the 138th, McBee of the 88th and Ray of the 128th:

A bill to amend Subpart 1 of Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change provisions relating to the function and authority of the hall of fame; to provide that the hall of fame shall be the official state repository for aviation history; and for other purposes.

Senate Sponsor: Senator Gillis of the 20th.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown
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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 53, nays 0.

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

The following communications and certifications were received by the Secretary:

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The General Assembly State Capitol Atlanta
January 14, 2000
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 2000, in the Senate Chamber of the state capitol building. At that caucus Honorable Frank C. Pinkston was elected as a member of the State Transportation Board from the Eighth Congressional District to serve a term beginning April 16, 2000, and expiring April 15, 2005.

Respectfully submitted,
/s/ Hugh M. Gillis, Sr. Senator, 20th District Chairman Eighth Congressional District Caucus
/s/ Roger Byrd Representative, 170th District Secretary Eighth Congressional District Caucus

The General Assembly State Capitol Atlanta

TO: HONORABLE CATHY COX SECRETARY OF STATE

This is to certify that Honorable Frank C. Pinkston has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Eighth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2000, and expiring April 15, 2005.
This 14th day of January, 2000.

/s/ Mark Taylor President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

Monday, January 24, 2000

119

The General Assembly State Capitol Atlanta
January 14, 2000
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 2000, in the Senate Chamber of the state capitol building. At that caucus Honorable Johnny Gresham was elected as a member of the State Transportation Board from the Sixth Congressional District to serve a term beginning April 16, 2000, and expiring April 15, 2005.
Respectfully submitted,
/s/ Michael J. Egan Senator, 40th District Chairman Sixth Congressional District Caucus
/s/ Tom Campbell Representative, 42nd District Secretary Sixth Congressional District Caucus
The General Assembly State Capitol Atlanta
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Johnny Gresham has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Sixth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2000, and expiring April 15, 2005.
This 14th day of January, 2000.
/s/ Mark Taylor President of the Senate
/s/ Thomas B. Murphy

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Speaker, House of Representatives

Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow. The motion prevailed, and the President announced the Senate adjourned at 11:46 a.m.

Tuesday, January 25, 2000

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Senate Chamber, Atlanta, Georgia Tuesday, January 25, 2000 Seventh Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1154.

By Representative Hudgens of the 24th:
A bill to amend an Act providing a new charter for the City of Danielsville, so as to change the provisions relating to the corporate limits; to change the provisions on the filling of vacancies in the office of mayor or councilmember.

HB 1163.

By Representative Purcell of the 147th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to provide that the governing authority of Effingham County shall consist of six commissioners.

HB 1164.

By Representative Purcell of the 147th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to provide for the employment of a clerk.

HB 1166.

By Representatives Golick of the 30th, Wix of the 33rd, Wiles of the 34th and others:
A bill to provide for a homestead exemption from certain Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds 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; to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead.

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

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SB 176.

By Senators Land of the 16th, Meyer von Bremen of the 12th and Hecht of the 34th:
A bill to amend Titles 9 and 15 of the Official Code of Georgia Annotated, relating respectively to civil practice and the courts, so as to provide for a system of gathering, processing, transmission, compilation, and analysis of information relating to civil and criminal cases; to provide for the design, completion, and filing of case filings and dispositions information forms; to provide for assistance of the clerk of the court for unrepresented parties.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 617.

By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to enact the "Public Retirement Systems Investment Authority Law".

HB 804.

By Representatives Stokes of the 92nd, Walker of the 141st, Martin of the 47th and others:
A bill to amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to the place of sessions and terms of the Supreme Court of Georgia, so as to change the terms of the court and the ending dates of certain terms.

The House insists on its position on the following bill of the House:

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.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 343. SB 344.

By Senator Madden of the 47th:
A bill to be entitled an Act to amend Article 3 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to construction and operation of waterworks and sanitary sewage systems, so as to provide that any private entity shall obtain the consent of the governing authority of a political subdivision before exercising condemnation rights within such jurisdiction; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
By Senators Madden of the 47th, Harbison of the 15th and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Code Section 33-7-11 of the O.C.G.A., relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, so as to raise certain minimum liability coverage requirements; to change certain provisions relating to when motor vehicles shall not be deemed to be uninsured motor vehicles; to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and proof of financial responsibility, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for liability insurance policies; to change certain provisions relating to

Tuesday, January 25, 2000

123

SB 345. SB 346.
SB 347. SB 348. SB 349.

duration of suspension and when judgments deemed satisfied; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
By Senator Lee of the 29th:
A bill to be entitled an Act to amend Chapter 11 of Title 9 and Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to civil practice and witnesses, respectively, so as to provide for the qualifications of an expert for purposes of an affidavit accompanying the complaint or for testimony as an expert in an action alleging professional malpractice; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
By Senators Lee of the 29th and Hecht of the 34th:
A bill to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to change the provisions relating to the appointment, qualifications, classification, and compensation of assistant district attorneys; to change the provisions relating to the appointment of district attorney investigators; to change provisions relating to the employment and compensation of administrative, clerical, and paraprofessional personnel by district attorneys; to provide that nonstate paid personnel employed in district attorneys' offices shall serve at the pleasure of the district attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
By Senators Lee of the 29th and Stephens of the 51st:
A bill to be entitled an Act to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, so as to change the provisions relating to sanctions and the imposition of sanctions on certain municipalities; to provide for the submission and approval of strategies by certain counties and municipalities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development, Tourism and Cultural Affairs.
By Senators Lee of the 29th and Kemp of the 3rd:
A bill to be entitled an Act to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to change provisions regarding criminal penalty for excessive interest to ensure such penalties do not apply to pawnbrokers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
By Senators Crotts of the 17th, Harbison of the 15th, Price of the 56th and others:
A bill to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, so as to change the provisions relating to special license plates for military reservists and provide for identifying the branches of the reserve and for retired reservists; to change the provisions relating to proof of eligibility for certain members and retired members of the National Guard; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.

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SB 350. SB 351. SB 352. SB 353. SB 354.

By Senators Walker of the 22nd, Johnson of the 1st and Polak of the 42nd:
A bill to be entitled an Act to amend Chapter 4 of Title 43 of the O.C.G.A., relating to architects, so as to comprehensively revise the law relating to the practice of architecture in this state; to change and add definitions; to create the Georgia State Board of Architects and Interior Designers; to provide for the election of a vice president of such board; to provide for qualifications of applicants who seek to be registered architects; to provide for restrictions on the practice of architecture; to provide for renewals of registration; to provide for the power of the board to revoke registrations; to define what structures need the seal of an architect; to provide for exceptions, enforcement, and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense, Science and Technology.
By Senators Egan of the 40th and Scott of the 36th:
A bill to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for additional limitations on the use of multiyear lease, purchase, or lease purchase contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
By Senators Fort of the 39th, Thomas of the 10th and Tate of the 38th:
A bill to be entitled an Act To amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to the transfer of tax executions, so as to provide for the transfer of such executions upon verification by the local tax official that the proposed transferee is current on all ad valorem tax obligations within the tax official's jurisdiction to collect; to provide for exceptions; to provide for the investigation and resolution of certain disputed tax obligations; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
By Senator Hill of the 4th:
A bill to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to change certain provisions relating to exercise of due care by drivers and allowance for proper use of radios and mobile telephones; to provide that use of a mobile telephone while committing a moving traffic violation shall be improper and constitute reckless driving; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
By Senators Land of the 16th, Crotts of the 17th, Johnson of the 1st and others:
A bill to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to prohibit solicitation of campaign contributions or pledges of contributions during legislative sessions by members of the General Assembly, public officers elected state wide, or campaign committees of such members of the General Assembly or public officers; to provide for exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.

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125

SR 459. By Senators Walker of the 22nd, Dean of the 31st, Streat of the 19th and others:
A resolution creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia; and for other purposes.
Referred to the Committee on Health and Human Services.
SR 467. By Senator Ragan of the 11th:
A resolution urging the federal Mississippi River/Gulf of Mexico Watershed Nutrient Task Force to develop an action plan regarding hypoxia that does not create new, costly, and burdensome federal regulations; and for other purposes.
Referred to the Committee on Agriculture.
The following bills and resolutions of the House were read the first time and referred to committees:

HB 1154. By Representative Hudgens of the 24th:
A bill to amend an Act providing a new charter for the City of Danielsville, so as to change the provisions relating to the corporate limits; to change the provisions on the filling of vacancies in the office of mayor or councilmember; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1163. By Representative Purcell of the 147th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to provide that the governing authority of Effingham County shall consist of six commissioners; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1164. By Representative Purcell of the 147th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to provide for the employment of a clerk; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1166. By Representatives Golick of the 30th, Wix of the 33rd, Wiles of the 34th and others:
A bill to provide for a homestead exemption from certain Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds 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; to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
The following committee reports were read by the Secretary:
Mr. President:

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

HB 68. Do pass by substitute.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President:

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

SR 231. Do pass. SB 302. Do pass HB 587. Do pass

Respectfully submitted, Senator Bowen of the 13th District, Chairman

The roll was called and the following Senators answered to their names:

Balfour Bowen Broun Brown Brush Burton Butler Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden Guhl Harbison

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

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

Those not answering were Senators:

Blitch Cable Thompson

The following member was off the floor of the Senate when the roll was called and wishes to be recorded as present:

Senator Blitch of the 7th.
Senator Tanksley of the 32nd moved that Senator Thompson of the 33rd be excused. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Thompson was excused.
Senator Kemp of the 3rd moved that Senator Cable of the 27th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Cable was excused.

Tuesday, January 25, 2000

127

The members pledged allegiance to the flag. Prayer was offered by Dan Pile of Roswell, Georgia. The following resolutions were read and adopted:

SR 456. By Senator Cheeks of the 23rd: A resolution commending the staff at the Downtown Atlanta Fairfield Inn; and for other purposes.
SR 457. By Senator Dean of the 31st: A resolution commending Mr. James Durell Watts, tax commissioner of Paulding County; and for other purposes.
SR 458. By Senator Smith of the 25th: A resolution honoring Mr. Oscar Davis, Sr.; and for other purposes.
SR 460. By Senators Bowen of the 13th, Streat of the 19th, Brush of the 24th and others: A resolution commending police chiefs and other heads of law enforcement agencies in this state and observing a day of recognition; and for other purposes.
SR 461. By Senators Bowen of the 13th, Streat of the 19th, Brush of the 24th and others: A resolution commending members of the Peace Officer Standards and Training Council and designating a day of recognition for such council; and for other purposes.
SR 462. By Senator Price of the 56th: A resolution recognizing and commending Congressman J.C. Watts, Jr.; and for other purposes.
SR 463. By Senator Golden of the 8th: A resolution commending the Lowndes High School football team; and for other purposes.
SR 464. By Senator Ragan of the 11th: A resolution congratulating Mrs. Myrtle Harrell Newberry on the occasion of her 90th birthday; and for other purposes.
SR 465. By Senator Ragan of the 11th: A resolution commending Curtis Thomas; and for other purposes.
SR 466. By Senator Ragan of the 11th: A resolution recognizing and commending the Georgia Farm Bureau Federation; and for other purposes.
Senator Hill of the 4th introduced the Peace Officers of the Year, commended by SR 425, adopted previously.

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HB 110 HB 361 HB 449 HB 573

SENATE CALENDAR
Tuesday, January 25, 2000 SEVENTH LEGISLATIVE DAY
Concealed weapons; prohibitions; exempt certain retired District Attorneys (Substitute)(Judy-3rd) Mosley-171st
Southeastern Railway Museum; official state transportation history museum (EDT&CA-46th) Coleman-80th
Stone Mountain Memorial Association; exercise police powers (EDT&CA-29th) Henson-65th
MARTA; operating cost exclusions; interest income (SLGO-G-38th) Martin-47th

The following general bills were read the third time and put upon their passage:
HB 110. By Representatives Mosley of the 171st, Scarlett of the 174th and Byrd of the 170th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys; and for other purposes.
Senate Sponsor: Senator Kemp of the 3rd.
Senator Kemp of the 3rd asked unanimous consent that HB 110 be dropped to the foot of the Calendar. The consent was granted, and HB 110 was dropped to the foot of the Calendar for today.

HB 361.

By Representatives Coleman of the 80th, Benefield of the 96th, Coleman of the 142nd, Parrish of the 144th, Channell of the 111th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Southeastern Railway Museum as the official state transportation history museum; and for other purposes.

Senate Sponsor: Senator Broun of the 46th.

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

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

Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle
Cheeks Y Crotts Y Dean

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D

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129

Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Thomas,N Thomas,R
E Thompson Walker
Y Williams

On the passage of the bill, the yeas were 49, nays 0.

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

HB 449. By Representatives Henson of the 65th, Bannister of the 77th, Ragas of the 64th, and others:

A bill to amend Code Section 12-3-194.1 of the Official Code of Georgia Annotated, relating to the police and legislative powers of the Stone Mountain Memorial Association, so as to provide for the exercise of police powers by the association; and for other purposes.

Senate Sponsor: Senator Lee of the 29th.

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 Y Brown
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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue
Polak

Y Price,R Y Price,T
Ragan Y Ray Y Scott
Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R E 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 573. By Representatives Martin of the 47th, Royal of the 164th and McKinney of the 51st:

A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to exclude certain costs from the definition of operating costs for certain purposes; to provide that the interest income from certain reserves may be used to pay operating costs; and for other purposes.

Senate Sponsor: Senator Tate of the 38th.

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

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

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

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

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

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

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

Senator Ladd of the 41st gave notice that at the proper time he would move that the Senate reconsider its action on HB 573.

The following bill, having been dropped to the foot of the Calendar earlier today, was continued upon its passage:

HB 110. By Representatives Mosley of the 171st, Scarlett of the 174th and Byrd of the 170th:

A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys; and for other purposes.

Senate Sponsor: Senator Kemp of the 3rd. The Senate Judiciary Committee offered the following substitute to HB 110:

A BILL

To be entitled an Act to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys, attorneys employed by the Prosecuting Attorneys' Council, and certain retired assistant district attorneys and district attorneys investigators; to provide an exemption for certain retired state trial and appellate judges; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Tuesday, January 25, 2000

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Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, is amended by striking paragraph (5) of subsection (a) and inserting in its place a new paragraph (5) to read as follows:
"(5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys employed by the Prosecuting Attorneys' Council of Georgia, and district attorneys emeritus any retired district attorney, assistant district attorney, or district attorneys investigator if such retired employee is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;"
SECTION 2.
Said Code section is further amended by striking paragraph (12) of subsection (a) and inserting in its place a new paragraph (12) to read as follows:
"(12) State and federal trial and appellate judges, and full-time judges of municipal and city courts., and former state trial and appellate judges retired from their respective offices under state retirement;"
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

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

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

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

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

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

On the passage of the bill, the yeas were 49, nays 5.

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

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

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 841.

By Representative Walker of the 141st:

A resolution relative to adjournment; and for other purposes.

The following resolution was read and put upon its adoption:
HR 841. By Representative Walker of the 141st: A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Thursday, January 27, 2000, and shall reconvene on Tuesday, February 1, 2000.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on such Tuesday may be as ordered by the Senate; and the hour for convening the House on such Tuesday may be as ordered by the House.
On the adoption of the resolution, the yeas were 38, nays 0; and the resolution was adopted.
The President introduced the doctor of the day, Dr. Suzanne Bock. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow.
The motion prevailed, and the President announced the Senate adjourned at 11:13 a.m.

Wednesday, January 26, 2000

133

Senate Chamber, Atlanta, Georgia Wednesday, January 26, 2000 Eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Starr of the 44th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1138.

By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," so as to authorize additional methods for the disposal of dead animals; to repeal certain provisions relating to carcasses which are burned.

HB 1142.

By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to authorize the Commissioner of Agriculture to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of Vidalia onions and products containing Vidalia onions.

HB 1141.

By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Cooperative Marketing Act," so as to change the provisions relating to the rights and powers of cooperative marketing associations and their boards of directors.

HB 1161.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to provide supplementary appropriations for the health insurance plans for state and University System employees for the State Fiscal Year ending June 30, 2000, in addition to the appropriations made by the General Appropriations Act and any other appropriations.

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HB 1148.

By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:
A bill to amend Code Section 47-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Defined Contribution Plan, so as to provide that members of state boards and commissions shall not be deemed employees.

HB 799.

By Representative Jamieson of the 22nd:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to eliminate certain restrictions and limitations with respect to the reemployment of retired members.

HB 1132.

By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to change references to the "Grade A Pasteurized Milk Ordinance".

HB 1139.

By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to change the provisions relating to unlawful acts and the use or possession of certain cans, bottles, and other receptacles.

HB 1140.

By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Code Section 2-2-10 of the Official Code of Georgia Annotated, relating to imposition of penalties by the Department of Agriculture and the Commissioner of Agriculture in lieu of other action, so as to provide for monetary penalties in lieu of permit suspensions for violations of Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980".

HB 908.

By Representative Stallings of the 100th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to service credit in the Teachers Retirement System of Georgia for postgraduate study and other matters, so as to provide that a period of postgraduate study which is interrupted solely by a period of military service shall be deemed not to have been interrupted.

The House has agreed to the Senate substitute to the following bill of the House:

HB 616.

By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to define certain terms; to amend the minimum funding standards applicable to public retirement standards to ensure compliance with federal law.

The following bills of the Senate were introduced, read the first time and referred to committees:

Wednesday, January 26, 2000

135

SB 355. SB 356. SB 357. SB 358. SB 359.

By Senator Crotts of the 17th:
A bill to be entitled an Act to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to petitions regarding family violence, so as to limit the dismissal of such petitions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
By Senators Meyer von Bremen of the 12th and Bowen of the 13th:
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 provide that the Georgia Crime Information Center shall periodically conduct audits of crime reporting practices of criminal justice agencies to ensure compliance with the standards of national and state uniform crime reporting systems and to ensure reporting of criminal arrests, dispositions, and custodial information; to provide that criminal justice agencies shall furnish upon written request and without charge to any local fire department in this state a copy of the criminal history record information of an applicant for employment; repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
By Senators Jackson of the 50th, Hecht of the 34th, Butler of the 55th and others:
A bill to be entitled an Act to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief by the State Board of Pardons and Paroles, so as to provide that the State Board of Pardons and Paroles or its designee may direct an offender to perform community service as a condition of parole or as an alternative to the revocation of parole; to provide that neither the community service agency nor the community service supervisor or agency employees shall be liable to any offender performing community service for any acts or omissions related to participation in a community service program; to define certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Corrections, Correctional Institutions and Property.
By Senator James of the 35th:
A bill to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that registered political bodies may nominate candidates for all offices; to provide a short title; to provide for purpose and legislative intent; to change the provisions relating to procedures for qualification of candidates generally; to change the provisions relating to nomination of candidates by petition; to change the provisions relating to nomination of presidential electors and candidates of political bodies by convention; to change the provisions relating to nomination of candidates of political bodies for public office by convention; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
By Senators James of the 35th, Brown of the 26th, Scott of the 36th and Butler of the 55th:
A bill to be entitled an Act to amend Code Section 40-6-91 of the Official Code of Georgia Annotated, relating to the right of way in crosswalks, so as to require the driver of a vehicle to stop and remain stopped to allow a pedestrian to cross the roadway within a painted crosswalk when the pedestrian has stepped onto the roadway on either side of the roadway; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Transportation.

SB 360. By Senators James of the 35th, Scott of the 36th and Butler of the 55th:
A bill to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance, so as to change the mandatory school attendance age; to provide for exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 361. By Senators Stokes of the 43rd, Walker of the 22nd, Ragan of the 11th and Starr of the 44th:
A bill to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance, so as to prohibit exclusion of coverage of certain routine patient care costs for adults enrolled in approved clinical trial programs for treatment of cancer; to define certain terms; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
SB 362. By Senators James of the 35th, Scott of the 36th, Butler of the 55th and others:
A bill to be entitled an Act to amend Code Section 31-1-9 of the Official Code of Georgia Annotated, relating to the breast-feeding of babies, so as to delete the provision requiring the mother to act "in a discreet and modest way" while breast-feeding in public; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
SB 363. By Senators Thomas of the 10th and Burton of the 5th:
A bill to be entitled an Act to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to replace the Council on the Deaf and the Georgia Service Center for Hearing Impaired Persons with the Georgia Council for the Hearing Impaired; to provide for the functions and duties of the Georgia Council for the Hearing Impaired; to provide for membership of a board of directors to be appointed by the Governor; to authorize the employment of an executive director and staff members; to provide for reimbursement of expenses incurred by board members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
The following bills of the House were read the first time and referred to committees:
HB 799. By Representative Jamieson of the 22nd:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to eliminate certain restrictions and limitations with respect to the reemployment of retired members; and for other purposes.
Referred to the Committee on Retirement.

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137

HB 908. By Representative Stallings of the 100th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to service credit in the Teachers Retirement System of Georgia for postgraduate study and other matters, so as to provide that a period of postgraduate study which is interrupted solely by a period of military service shall be deemed not to have been interrupted; and for other purposes.
Referred to the Committee on Retirement.
HB 1132. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to change references to the "Grade A Pasteurized Milk Ordinance"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture.
HB 1138. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to be entitled an Act to amend Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," so as to authorize additional methods for the disposal of dead animals; to repeal certain provisions relating to carcasses which are burned; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture.
HB 1139. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to change the provisions relating to unlawful acts and the use or possession of certain cans, bottles, and other receptacles; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture.
HB 1140. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to be entitled an Act to amend Code Section 2-2-10 of the Official Code of Georgia Annotated, relating to imposition of penalties by the Department of Agriculture and the Commissioner of Agriculture in lieu of other action, so as to provide for monetary penalties in lieu of permit suspensions for violations of Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture.
HB 1141. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to be entitled an Act to amend Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Cooperative Marketing Act," so as to change the provisions relating to the rights and powers of cooperative marketing associations and their boards of directors; to provide boards with the ability to amend, repeal, and adopt new bylaws in certain circumstances; to allow persons who are not members or shareholders of a cooperative marketing association to be directors of such association; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture.

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HB 1142. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:

A bill to be entitled an Act to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to authorize the Commissioner of Agriculture to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of Vidalia onions and products containing Vidalia onions; to provide for royalty or license fees and the dedication and use thereof; to provide for the powers and duties of the Commissioner; to repeal conflicting laws; and for other purposes.
Refe rred to the Committee on Agriculture.

HB 1148. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:

A bill to be entitled an Act to amend Code Section 47-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Defined Contribution Plan, so as to provide that members of state boards and commissions shall not be deemed employees; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

HB 1161. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:

A bill to provide supplementary appropriations for the health insurance plans for state and University System employees for the State Fiscal Year ending June 30, 2000, in addition to the appropriations made by the General Appropriations Act and any other appropriations; and for other purposes.

Referred to the Committee on Appropriations.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Defense, Science and Technology has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 235. Do pass. HB 150. Do pass by substitute. HB 151. Do pass by substitute.

Respectfully submitted, Senator Polak of the 42nd District, Chairman

Mr. President:

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

SR 407. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

The following bill of the Senate was read the second time:

SB 302

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139

The roll was called and the following Senators answered to their names:

Blitch Bowen Broun Brown Brush Burton Butler Cable Cagle Crotts Dean Egan Gillis Gingrey Golden

Guhl Harbison Hill Hooks Huggins Jackson Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer v Bremen

Perdue Price,R Price,T Ray Smith Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,R Thompson Williams

Those not answering were Senators:

Balfour Cheeks Fort Hecht James Polak

Ragan Scott Starr (presiding) Thomas, N. Walker

The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:

Senators :

Fort James Polak

The members pledged allegiance to the flag.

Prayer was offered by Reverend Bill Ricketts, pastor of Prince Avenue Baptist Church, Athens, Georgia.

The following resolutions were read and adopted:

SR 468. By Senator Dean of the 31st:

A resolution recognizing and commending Dr. Jerry O. Weaver; and for other purposes.

SR 469. By Senators Marable of the 52nd and Dean of the 31st:

A resolution expressing regret at the passing of Dr. Gloria Shatto; and for other purposes.

SR 470. By Senators Marable of the 52nd and Dean of the 31st:

A resolution commending Dr. N. Gordon Carper; and for other purposes.

SR 471. By Senators James of the 35th, Fort of the 39th, Tate of the 38th and others:

A resolution recognizing Morris Brown College and declaring "Morris Brown College Day" at the capitol on February 4, 2000; and for other purposes.

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Senator Crotts of the 17th recognized members of the Silver Haired Legislature, commended by SR 454, adopted previously.
Senator Cagle of the 49th introduced the doctor of the day, Dr. Roger Owens.
Senator Broun of the 46th introduced Andy Baumgartner, 1999 National Teacher of the Year, commended by SR 392, adopted previously. Andy Baumgartner addressed the Senate briefly.
Senator Broun of the 46th introduced the winners of the Milken Family Foundation awards, commended by SR 415, adopted previously.
The President assumed the Chair.
NOTICE OF MOTION TO RECONSIDER:
HB 573 MARTA; operating cost exclusions; interest income (SLGO-G-38th) Martin-47th

SR 231 HB 68
HB 587

SENATE CALENDAR
Wednesday, January 26, 2000 EIGHTH LEGISLATIVE DAY
Federal Motor Vehic le Safety Standard for Motorcycle Helmets-urge review (Pub Saf-24th)
QBE; President's Day and Veterans Day; instructional provisions (Substitute) (Ed-52nd) Birdsong123rd
Probationary Driver's license; replacement fee (Pub Saf-19th) Dixon-168th (ENGROSSED IN HOUSE)

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

SR 231. By Senators Brush of the 24th and Walker of the 22nd:

A resolution urging the United States Congress to provide for a review and revision of the Federal Motor Vehicle Safety Standard for motorcycle helmets (FMVSS 218) based on conclusions drawn from comprehensive testing performed under realistic motorcycle accident conditions.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley

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141

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

Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Tate Y Thomas,D Y Thomas,N N Thomas,R Y Thompson
Walker Y Williams

On the adoption of the resolution, the yeas were 53, nays 1.

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

The following communication was received by the Secretary: To: Mr. Frank Eldridge, Secretary of the Senate From: Senator Regina Thomas, 2nd Date: January 26, 2000 Re: Voting on SR 231

Dear Mr. Eldridge, Today, I inadvertently voted NAY on SR 231. Please let the record reflect that I want to vote YEA. The Calendar was resumed.

HB 68. By Representatives Birdsong of the 123rd, Porter of the 143rd, Jamieson of the 22nd, and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide for instructional activity relating to the Presidents of the United States on President's Day of each year; to provide for instructional activity relating to Veterans Day; and for other purposes.
Senate Sponsor: Senator Marable of the 52nd.
The Senate Education Committee offered the following substitute to HB 68:
A BILL
To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide for instructional activity relating to Veterans Day; to provide that public elementary and secondary schools may be closed on November 11 of each year in honor of veterans; to provide for related matters; to repeal conflicting laws; and for other purposes.
WHEREAS, veterans of the armed forces of the United States have established an outstanding record of valor and service during periods of international conflict; and
WHEREAS, the exceptional leadership, courage, and commitment demonstrated by those who have served their country in times of war have created a proud and noble heritage; and

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WHEREAS, our nation has been blessed with an abundance of men and women who have served with dedication to ensure that peace and freedom are preserved for others; and

WHEREAS, we must recognize the sacrifices made by committed members of the armed forces and affirm the ideals and principles they have been called to defend; and

WHEREAS, it is only fitting and proper that students, teachers, and administrators in the public schools be encouraged to observe November 11 each year with appropriate programs, ceremonies, and activities in honor of those who have served in our armed forces.

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," is amended by adding at the end of Part 2, relating to competencies and core curriculum, a new Code Section 20-2-146 to read as follows:

"20-2-146.

On a school day on or immediately preceding or as close to the annual observance of Veterans Day as practicable as determined by a school's scheduled curriculum, each elementary and secondary school may provide for instructional activity focusing on the contributions of veterans and the importance of the armed forces of the United States."

SECTION 2.

Said article is further amended by striking in its entirety paragraph (1) of subsection (c) of Code Section 20-2-168, relating to distribution of federal funds by the State Board of Education, combined purchase of supplies and equipment, minimum school year, summer school programs, and year-round operation, and inserting in lieu thereof a new paragraph (1) to read as follows:

"(c)(1) Except as otherwise provided in this Code section, public elementary and secondary schools of this state receiving state aid under this article shall provide each eligible student with access to no less than 180 school days of education each fiscal year. The State Board of Education shall define a school year, which shall be no less than 180 days of instruction in accordance with the provisions of this subsection, and shall define the length of the school day, and shall provide that all public elementary and secondary schools may be closed for instruction on November 11 of each year as determined by each local board of education to enable students, teachers, and administrators to participate in Veterans Day programs to honor veterans of the armed forces."

SECTION 3.

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

On the adoption of the substitute, the yeas were 42, 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 Y Brown Y Brush Y Burton

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr

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143

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

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

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

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

Senator Golden of the 8th introduced the Lowndes County Football Team and Head Coach Milt Miller, commended by SR 463, adopted previously. Coach Miller addressed the Senate briefly.
Senator Bowen of the 13th recognized members of Georgia's 4-H program, commended by SR 449, adopted previously.
Senator Perdue of the 18th spoke to the resolution and introduced the 4-H president of Georgia, Austin Carter, who addressed the Senate briefly.
The Calendar was resumed.

HB 587. By Representative Dixon of the 168th:

A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators and probationary drivers' licenses, so as to provide that certain fees applicable to Class C drivers' licenses shall be applicable to replacements for lost or destroyed probationary drivers' licenses; and for other purposes.
Senate Sponsor: Senator Streat of the 19th.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks
Crotts Y Dean
Egan

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden

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

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Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Marable Y Meyer v Bremen
Perdue Y Polak

Y Thomas,R 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. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 11:34 a.m.

Thursday, January 27, 2000

145

Senate Chamber, Atlanta, Georgia Thursday, January 27, 2000 Ninth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
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 654.

By Representative Greene of the 158th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide for creditable service for certain employees of district attorneys for certain prior service.

HB 20.

By Representatives Snelling of the 99th, Day of the 153rd, Graves of the 125th, Ashe of the 46th and Scarlett of the 174th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemption of property from ad valorem taxation, so as to increase the amount of the personal property exemption with respect to tools and implements of trade of manual laborers.

HB 1046.

By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that certain members of the Georgia Judicial Retirement System may elect to transfer membership to the Employees' Retirement System of Georgia.

HB 1171.

By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Butts County, the Superior Court of Lamar County, and the Superior Court of Monroe County.

HB 1026.

By Representative Reichert of the 126th:

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A bill to amend Code Section 30-10-6 of the Official Code of Georgia Annotated, relating to qualification of community trusts, documents, life beneficiaries, trustees, and related matters, so as to specify the distribution of any proceeds remaining in any such trust at the time of the life beneficiary's death.

HB 1112.

By Representative Squires of the 78th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated in Articles 1, 2, and 4, relating respectively to juvenile proceedings, parental rights, and procedures and policies relative to juveniles who may be mentally incompetent, so as to reorganize such articles.

HB 1124.

By Representatives Lane of the 146th, Morris of the 155th, Barnard of the 154th and others:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, so as to provide that it shall be unlawful to possess, land, offer for sale, or sell in this state fish caught by gill net.

HB 1117.

By Representatives Holmes of the 53rd, Dodson of the 94th, Hudson of the 120th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to make clerical and conforming changes to the Georgia Election Code; to provide that candidates for county and municipal offices who pay a qualifying fee with a check that is dishonored are automatically found not to have met the qualifications for holding the office sought; to allow the State Elections Board to authorize the Secretary of State to investigate violations of the Georgia Election Code.

SB 37.

By Senator Madden of the 47th:
A bill to amend Code Section 33-16-14 of the Official Code of Georgia Annotated, relating to limitations on amounts of risk applicable to farmers' mutual fire insurance companies, so as to provide an exception applicable to certain companies issuing policies insuring against loss or damage by fire only.

The House has agreed to the Senate amendments to the following bills of the House:

HB 518.

By Representative Royal of the 164th:
A bill to amend Code Section 48-2-44 of the Official Code of Georgia Annotated, relating to penalty and interest on failure to file a return or pay revenue held in trust for the state and penalty and interest on failure to pay ad valorem tax, so as to change certain provisions for the disposition of certain interest.

HB 523.

By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for comprehensive revision of the method and manner of calculating and determining the assessment ratio of assessed value to fair market value.

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The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 364. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records that are not subject to public disclosure, so as to exempt from public disclosure certain personal information of persons or entities obtained by counties or municipalities in connection with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 365. By Senators Meyer von Bremen of the 12th, Bowen of the 13th and Lee of the 29th:
A bill to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to increase license fees required for certain classes of drivers' licenses; to provide that every driver's license issued on or after July 1, 2000, shall expire on the licensee's birthday in the sixth year following the issuance of such license; to change certain provisions relating to free replacement licenses; to change certain provisions relating to veterans' or honorary drivers' licenses; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Meyer von Bremen of the 12th gave notice that at the proper time he would move to engross SB 365.
SB 366. By Senator Thompson of the 33rd:
A bill to be entitled an Act to amend Article 1 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of maintenance and use of public roads generally, so as to require agreements between a railroad company and an affected municipality or county regarding the closing of certain crossings; to authorize counties and municipalities to seek injunctions and damages, including attorney's fees, against railroad companies that violate such requirement; to provide for legislative intent; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 367. By Senator Thompson of the 33rd:
A bill to be entitled an Act to amend Code Section 36-81-3 of the Official Code of Georgia Annotated, relating to fiscal years of local governments, so as to extend the time period in which the Department of Community Affairs and local governments shall be required to adopt and use certain initial uniform charts of accounts; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
SB 368. By Senator Thompson of the 33rd:
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 motor vehicle registration and licensing generally, so as to provide that license plates, revalidation decals, and county name decals shall not be issued to certain persons who have failed to pay parking tickets; to provide for issuance of license plates, revalidation decals, and county name decals upon payment of outstanding parking fines and an administrative fee in addition to other requirements of law; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.

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SB 369. By Senator Thompson of the 33rd:
A bill to be entitled an Act to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, so as to change the membership of such commissions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
SB 370. By Senator Thompson of the 33rd:
A bill to be entitled an Act to amend Chapter 35 of Title 36 of the Official Code of Georgia Annotated, relating to home rule powers of municipalities, so as to change the effective date of municipal reapportionments; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
SB 371. By Senator Thompson of the 33rd:
A bill to be entitled an Act to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal courts, so as to provide for the issuance of executions for costs or fines in the municipal courts; to provide for trials of illegality or defense in the superior courts; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 372. By Senators Johnson of the 1st, Cagle of the 49th, Lamutt of the 21st and others:
A bill to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to prohibit the use of services of state officers and employees during their working hours in furtherance of a candidacy; to prohibit campaign contributions and pledges and the solicitation thereof in government owned buildings; to prohibit the use of state aircraft and vehicles solely for campaign purposes; to require reimbursement when state aircraft or vehicles are used in part for official business and in part for campaign purposes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
SB 373. By Senator Madden of the 47th:
A bill to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Pharmacy Practice Act," so as to change the provisions relating to definitions; to provide for the confidentiality of certain information and proceedings; to provide for continuing education credits; to change the provisions relating to license transfers; to provide for dispensing of prescriptions issued by certain out-of-state practitioners; to provide for responsibilities of pharmacists in charge and pharmacy owners; to provide for access to certain prescription drugs at certain facilities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.

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SB 374. By Senators Crotts of the 17th, Lamutt of the 21st, Williams of the 6th and others:

A bill to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for eligibility of students who attend private schools or home study programs for extracurricular programs offered at public schools under certain conditions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 375. By Senators Ragan of the 11th, Meyer von Bremen of the 12th and Jackson of the 50th:

A bill to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change definitions and inspection and enforcement provisions relating to food sales establishments and food service establishments; to change the powers and duties of the Commissioner of Agriculture, the Department of Human Resources, and county boards of health; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture.

SB 376. By Senators Butler of the 55th, James of the 35th, Brown of the 26th and others:

A bill to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to prohibit police officers from using race as a factor in their decision to stop a motorist; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 377. By Senators Hecht of the 34th, Scott of the 36th, Kemp of the 3rd and Meyer von Bremen of the 12th:

A bill to be entitled an Act to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firemen who become physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty while fighting a fire; to provide a conditional effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance and Labor.

SR 472. By Senator Thompson of the 33rd:

A resolution designating the Dewey D. Vaughn Memorial Bridge; and for other purposes.

Referred to the Committee on Transportation.

SR 478.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th, Blitch of the 7th and Jackson of the 50th:

A resolution urging the Congress of the United States to address potential federal monetary assessments that could be placed on southeastern peanut growers, including Georgia peanut growers, when the 2000 peanut crop is harvested; and for other purposes.

Referred to the Committee on Agriculture.

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SR 480. By Senators Hill of the 4th, Jackson of the 50th and Marable of the 52nd: A resolution listing the goals and outcome measures for state policy on childhood care and education and urging state agencies to comply; and for other purposes. Referred to the Committee on Education.
SR 482. By Senators James of the 35th, Tate of the 38th, Fort of the 39th and others: A resolution urging the Board of Commissioners of Fulton County to establish equity in compensation among the personnel of the Fulton County Police Department, the Fulton County Marshal's Department, and the Fulton County Sheriff's Office; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General).
SR 483. By Senators James of the 35th, Butler of the 55th, Brown of the 26th and others: A resolution designating the James Wendell George Parkway; and for other purposes. Referred to the Committee on Transportation.
SR 484. By Senators James of the 35th, Tate of the 38th, Stokes of the 43rd and others: A resolution designating the James E. "Billy" McKinney Highway; and for other purposes. Referred to the Committee on Transportation.

The following bills of the House were read the first time and referred to committees:

HB 20.

By Representatives Snelling of the 99th, Day of the 153rd, Graves of the 125th, Ashe of the 46th and Scarlett of the 174th:

A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemption of property from ad valorem taxation, so as to increase the amount of the personal property exemption with respect to tools and implements of trade of manual laborers; and for other purposes.

Referred to the Committee on Finance and Public Utilities.

HB 654. By Representative Greene of the 158th:

A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide for creditable service for certain employees of district attorneys for certain prior service; and for other purposes.

Referred to the Committee on Retirement.

HB 1026. By Representative Reichert of the 126th:

A bill to amend Code Section 30-10-6 of the Official Code of Georgia Annotated, relating to qualification of community trusts, documents, life beneficiaries, trustees, and related matters, so as to specify the distribution of any proceeds remaining in any such trust at the time of the life beneficiary's death; and for other purposes.

Referred to the Committee on Judiciary.

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HB 1046. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that certain members of the Georgia Judicial Retirement System may elect to transfer membership to the Employees' Retirement System of Georgia; and for other purposes.
Referred to the Committee on Retirement.
HB 1112. By Representative Squires of the 78th:
A bill to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A. in Articles 1, 2, and 4, relating respectively to juvenile proceedings, parental rights, and procedures and policies relative to juveniles who may be mentally incompetent, so as to reorganize such articles; to redesignate and rearrange Code sections within such articles; to make editorial changes; to correct cross-references in accordance with such reorganization; to amend Titles 5, 15, 16, 17, 19, 20, 24, 31, 35, 36, 40, 47, and 49 of the O.C.G.A., relating respectively to appeals, courts, crimes, criminal procedure, domestic relations, education, evidence, health, law enforcement, local government, motor vehicles, retirement, and social services, so as to correct cross-references; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1117. By Representatives Holmes of the 53rd, Dodson of the 94th, Hudson of the 120th and Deloach of the 172nd:
A bill to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to make clerical and conforming changes to the Georgia Election Code; to provide that candidates for county and municipal offices who pay a qualifying fee with a check that is dishonored are automatically found not to have met the qualifications for holding the office sought; to allow the State Elections Board to authorize the Secretary of State to investigate violations of the Georgia Election Code; to provide that qualifying periods and primaries and elections may be extended or postponed in the event the Governor declares a state of emergency or natural disaster; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
HB 1124. By Representatives Lane of the 146th, Morris of the 155th, Barnard of the 154th and DeLoach of the 172nd:
A bill to be entitled an Act to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, so as to provide that it shall be unlawful to possess, land, offer for sale, or sell in this state fish caught by gill net; to provide an exception; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1171. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Butts County, the Superior Court of Lamar County, and the Superior Court of Monroe County; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.

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The following committee reports were read by the Secretary:

Mr. President:

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

SR 411. Do pass. HB 1113. Do pass. HR 757. Do pass

Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President:

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

SB 338. Do pass as amended. SB 348. Do pass.

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

Mr. President:

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

SB 339. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 307. Do pass as amended. HB 597. Do pass by substitute.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

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

HB 331. Do pass by substitute.

Respectfully submitted, Senator Harbison of the 15th District, Chairman

The following resolution was read the second time:

SR 407

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Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Kemp was excused.

The roll was called and the following Senators answered to their names:

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

Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Ladd Lamutt Land Lee Madden Marable Meyer v Bremen Perdue Polak Price,R

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

Those not answering were Senators:

Balfour Kemp (excused)

The members pledged allegiance to the flag. Prayer was offered by Swayne Cochran, pastor of Victory Baptist Church, Homer, Georgia. The following resolutions were read and adopted: SR 473. By Senator Harbison of the 15th:
A resolution commending the Columbus Water Works; and for other purposes. SR 474. By Senator Harbison of the 15th:
A resolution commending the Women's Softball Team of the New Testament Missionary Baptist Church, Inc.; and for other purposes. SR 475. By Senator Harbison of the 15th: A resolution expressing regret at the passing of Mr. Richard W. Williams; and for other purposes. SR 476. By Senators Bowen of the 13th, Meyer von Bremen of the 12th and Streat of the 19th: A resolution commending the Georgia Recreation and Parks Association; and for other purposes. SR 477. By Senators Bowen of the 13th, Meyer von Bremen of the 12th and Streat of the 19th:

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A resolution commending the firefighters of Georgia and observing the 28th annual Firefighters' Recognition Day; and for other purposes. SR 479. By Senators Tate of the 38th, Butler of the 55th, Stokes of the 43rd and others: A resolution honoring Mr. Lyndon A. Wade; and for other purposes. SR 481. By Senators Stephens of the 51st, Gingrey of the 37th and Price of the 56th: A resolution commending Susan G. McCarthy; and for other purposes. SR 485. By Senator Thomas of the 10th: A resolution recognizing "Registered Professional Nurse Day"; and for other purposes. Senator Broun of the 46th introduced Ed Hoard, commended by SR 397, adopted previously. Senator Stokes of the 43rd moved that the following bill be withdrawn from the Health and Human Services Committee and committed to the Public Safety Committee:

SB 342.

By Senators Brush of the 24th, Streat of the 19th, Marable of the 52nd and others:
A bill to be entitled an Act to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to provide that certain violations shall not be criminal acts, ordinance violations, or moving traffic violations; to specify a penalty for certain violations; to repeal conflicting laws; and for other purposes.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 342 was withdrawn from the Health and Human Services Committee and committed to the Public Safety Committee.

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

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1218.

By Representatives Powell of the 23rd and Jamieson of the 22nd:

A bill to amend an Act creating a new Board of Commissioners of Franklin County, so as to provide that the office of chairperson shall be a part-time position; to provide for one mandatory monthly meeting of the board of commissioners; to change the method of filling vacancies on the board; to change the provisions relating to the compensation of the chairperson and members of the board.

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

HB 1218. By Representatives Powell of the 23rd and Jamieson of the 22nd:

A bill to be entitled an Act to amend an Act creating a new Board of Commissioners of Franklin County, approved April 4, 1991 (Ga. L. 1991, p. 4681), so as to provide that the office of chairperson shall be a part-time position; to provide for one mandatory monthly meeting of the board of commissioners; to change the method of filling vacancies on the board; to change the provisions relating to the compensation of the chairperson and members of the board; to authorize the appointment of a

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county manager by the board of commissioners; to provide for the county manager's duties, qualifications, and authority; to provide for a referendum; to provide for effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
Senator Price of the 56th introduced the doctor of the day, Dr. Lonny Horowitz.
The proper time having arrived to entertain a motion, Senator Meyer von Bremen of the 12th moved that the following bill be engrossed:
SB 365. By Senators Meyer von Bremen of the 12th, Bowen of the 13th and Lee of the 29th:
A bill to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to increase license fees required for certain classes of drivers' licenses; to provide that every driver's license issued on or after July 1, 2000, shall expire on the licensee's birthday in the sixth year following the issuance of such license; to change certain provisions relating to free replacement licenses; to change certain provisions relating to veterans' or honorary drivers' licenses; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Thomas of the 10th moved the previous question.

On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

On the motion to engross, the yeas were 33, nays 21; the motion prevailed, and SB 365 was engrossed. The President referred SB 365 to the Public Safety Committee.

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SB 302 HB 150 HB 151
HB 235

SENATE CALENDAR
Thursday, January 27, 2000 NINTH LEGISLATIVE DAY
Motor Vehicle License Plate-relating to revalidation decal (Pub Saf-26th)
Building codes; certain notification; inspector training (Substitute) (DS&T-34th) Westmoreland-104th
Building codes; compliance; professional engineers perform inspections (Substitute) (DS&T-34th) Westmoreland-104th
Sheriffs; certain records; electronic storage and retrieval (DS&T-50th) Twiggs-8th

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

SB 302.

By Senators Brown of the 26th, Kemp of the 3rd and Butler of the 55th:
A bill to be entitled an Act to amend Code Section 40-2-8.1 of the Official Code of Georgia Annotated, relating to the operation of a vehicle without a revalidation decal on the license plate, so as to provide that a person shall not be subject for the offense of failing to have the required revalidation deal affixed to the license plate of the vehicle such person is operating if it is proven that the proper revalidation decal had been obtained prior to the time of the offense; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E E Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 53, nays 0.

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

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HB 150. By Representatives Westmoreland of the 104th, Jones of the 71st, Trense of the 44th, and others:
A bill to amend Part 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to require counties and municipalities to notify permit holders of the existence of local amendments to state minimum standard codes at the time building permits are issued; and for other purposes.
Senate Sponsor: Senator Hecht of the 34th.
The Senate Defense, Science and Technology Committee offered the following substitute to HB 150:
A BILL
To be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to require counties and municipalities to notify permit holders of the existence of local amendments to state minimum standard codes at the time building permits are issued; to require local inspectors to cite with particularity the basis for violations of building codes when so requested by a permit holder; to define certain terms; to require the governing authority of a municipality or county which has adopted provisions for the enforcement of the state minimum standard codes to post a notice stating whether the local inspectors possess certain qualifications; to provide for the contents of such notice; to provide that persons possessing certain qualifications may conduct inspections to determine code compliance if the municipal or county inspectors do not possess such qualifications; to provide for the extent of such inspections; to provide for requirements relative to permit fees and other charges; to provide for the effect of such inspections; 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.
Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, is amended in subsection (c) of Code Section 8-2-25, relating to the state-wide application of minimum standard codes and the adoption of amendments to such codes by local governments, by adding at the end thereof a new paragraph (7) to read as follows:
"(7) At the time of issuing a building permit, the issuing county or municipality shall notify the holder of the permit of any local amendments to the state minimum standard codes which are in effect for that county or municipality and that any such amendments are on file with the department. A county or municipality may satisfy this notice requirement by posting or providing a summary of the topic of such local amendment or amendments and the address and telephone number of the department."
SECTION 2.
Said part is further amended in Code Section 8-2-26, relating to the enforcement of state building codes, by adding at the end thereof a new subsection (f) to read as follows:
"(f) A local inspector, including a fire service employee enforcing a state or local fire safety standard, who specifies a code violation noted during an inspection shall, upon the written request of the permit holder, cite in writing the particular code book, section, and edition of the code which is the basis of the violation."
SECTION 3.
Said part is further amended by adding a new Code section, to be designated as Code Section 8-2-26.1, to read as follows:
"8-2-26.1.

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(a) As used in this Code section, the term:
(1) 'CABO' means the Council of American Building Officials.
(2) 'Qualified inspector' means:
(A) A person inspecting for compliance with the Standard Building Code or the building portion of the CABO Oneand Two-Family Dwelling Code who holds a certification from the SBCCI as a building inspector;
(B) A person inspecting for the compliance of residential buildings with the National Electrical Code or the electrical portion of the CABO One- and Two-Family Dwelling Code who holds a certification from the SBCCI as a residential electrical inspector or an electrical contractor license from the State Construction Industry Licensing Board;
(C) A person inspecting for the compliance of nonresidential buildings with the National Electrical Code who holds a certification from the SBCCI as a commercial electrical inspector or an electrical contractor license from the State Construction Industry Licensing Board;
(D) A person inspecting for compliance with the Standard Gas Code who holds a certification from the SBCCI as a mechanical inspector or plumbing inspector or a conditioned air contractor, journeyman plumber, or master plumber license from the State Construction Industry Licensing Board;
(E) A person inspecting for compliance with the Standard Mechanical Code or the mechanical portion of the CABO One- and Two-Family Dwelling Code who holds a certification from the SBCCI as a mechanical inspector or a conditioned air contractor license from the State Construction Industry Licensing Board;
(F) A person inspecting for compliance with the Georgia State Plumbing Code, the Standard Plumbing Code, or the plumbing portion of the CABO One- and Two-Family Dwelling Code who holds a certification from the SBCCI as a plumbing inspector or a journeyman plumber or master plumber license from the State Construction Industry Licensing Board;
(G) A person inspecting for compliance any portion of the CABO One- and Two-Family Dwelling Code who holds a certification from the SBCCI as a one and two-family dwelling inspector;
(H) A person inspecting for compliance with the Georgia State Energy Code for Buildings who has completed eight hours of training that is conducted or approved by the department; or
(I) A person inspecting for compliance with any of the codes listed in subparagraphs (A) through (H) of this paragraph who holds a certificate of registration as a professional engineer issued under Chapter 15 of Title 43 and is practicing within the scope of his or her branch of engineering expertise while conducting such inspection.
(3) 'SBCCI' means the Southern Building Code Congress International.
(4) 'State Construction Industry Licensing Board' means that board created pursuant to Code Section 43-14-3.
(b) The governing authority of any municipality or county which has adopted provisions for the enforcement of the state minimum standard codes shall post a notice stating whether the personnel employed by that governing authority to conduct inspections for compliance with such codes are qualified inspectors. Such notice shall separately address each minimum standard code enumerated in subdivisions (9)(B)(i)(I) through (9)(B)(i)(VII) of Code Section 8-2-20 and the building, electrical, mechanical, and plumbing portions of the CABO One- and TwoFamily Dwelling Code, and state whether all personnel assigned to conduct inspections for the particular code or portion of the code are qualified inspectors for that code or portion of the code.
(c) If such notice states that not all personnel assigned to conduct inspections for a particular state minimum standard code or portion of such code are qualified inspectors for that code or portion of the code, then the governing authority may retain qualified inspectors not employed by the governing authority to conduct inspections.

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If the governing authority does not so retain qualified inspectors, then any person, firm, or corporation engaged in a construction project which requires inspection shall have the option of retaining, at its own expense, a person who is a qualified inspector for that code or portion of the code and who is not an employee of or otherwise affiliated with or financially interested in such person, firm, or corporation to provide the required inspection.

(d) The person, firm, or corporation retaining a qualified inspector to conduct an inspection pursuant to this Code section shall be required to pay to the county or municipality which requires the inspection the same permit fees and charges which would have been required had the inspection been conducted by a county or municipal inspector.
(e) A qualified inspector retained pursuant to this Code section shall be empowered to perform any inspection required by the governing authority of any county or municipality, including but not limited to inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required for the issuance of a certificate of occupancy by the governing authority of any county or municipality; provided, however, that the qualified inspector must possess the qualifications described in paragraph (2) of subsection (a) of this Code section for the particular type of inspection. Any inspection conducted pursuant to this Code section shall be no less extensive than an inspection conducted by a county or municipal inspector.

(f) Upon submission by the qualified inspector of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the qualified inspector without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the qualified inspector, within two business days after the submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the qualified inspector with a written description of the deficiencies and specific code requirements that have not been adequately addressed.

(g) Nothing in this Code section shall be construed to apply to inspections for compliance with a state or local fire safety standard or erosion control standard.

(h) Nothing in this Code section shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers."

SECTION 4.

This Act shall become effective on July 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 41, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle

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

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat

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

Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

HB 151. By Representatives Westmoreland of the 104th, Jones of the 71st, Brown of the 130th, and others:

A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, so as to provide that registered professional engineers may conduct inspections to determine code compliance; and for other purposes.

Senate Sponsor: Senator Hecht of the 34th.

The Senate Defense, Science and Technology Committee offered the following substitute to HB 151:

A BILL
To be entitled an Act to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, so as to provide that registered professional engineers may conduct inspections to determine code compliance if the governing authority of a county or municipality cannot provide inspection services within two business days following a valid written request; to provide for the extent of such inspections; to provide for requirements relative to permit fees and other charges; to provide for the filing of inspection reports; to provide for the effect of such inspections; to authorize local governing authorities to impose prequalification requirements on registered professional engineers who conduct inspections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f)(1) If a governing authority of a county or municipality cannot provide inspection services within two business days of receiving a valid written request for inspection, then, in lieu of inspection by inspectors or other personnel employed by such governing authority, any person, firm, or corporation engaged in a construction project which requires inspection shall have the option of retaining, at its own expense, a professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43, and who is not an employee of or otherwise affiliated with or financially interested in such person, firm, or corporation, to provide the required inspection.
(2) Any inspection conducted by a registered professional engineer shall be no less extensive than an inspection conducted by a county or municipal inspector.

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(3) The person, firm, or corporation retaining a registered professional engineer to conduct an inspection shall be required to pay to the county or municipality which requires the inspection the same permit fees and charges which would have been required had the inspection been conducted by a county or municipal inspector.

(4) The registered professional engineer shall be empowered to perform any inspection required by the governing authority of any county or municipality, including, but not limited to, inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required for the issuance of a certificate of occupancy by the governing authority of any county or municipality, provided that the inspection is within the scope of such engineer's branch of engineering expertise.

(5) The registered professional engineer shall submit a copy of his or her inspection report to the county or municipality.

(6) Upon submission by the registered professional engineer of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the registered professional engineer without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the registered professional engineer, within two business days after the submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the registered professional engineer with a written description of the deficiencies and specific code requirements that have not been adequately addressed.

(7) A local governing authority may provide for the prequalification of registered professional engineers who may perform inspections pursuant to this subsection. No ordinance implementing prequalification shall become effective until notice of the governing authority's intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriff's advertisements for that locality are published. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a registered professional engineer on the basis of the engineer's expertise with respect to the objectives of the inspection, as demonstrated by the engineer's experience, education, and training.

(8) Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers."
SECTION 2.

This Act shall become effective on July 1, 2000.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the 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 Y Brown Y Brush Y Burton Y Butler Y Cable

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E E Kemp

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

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

Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

HB 235. By Representative Twiggs of the 8th:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to provide that a sheriff or employee of such officer shall be authorized to store for computer retrieval any or all records, dockets, books, indices, or files and to combine or consolidate any records, dockets, books, indices, or files in connection with the maintenance of any records required by law; and for other purposes.
Senate Sponsor: Senator Jackson of the 50th.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E E Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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The bill, having received the requisite constitutional majority, was passed.
Senator Walker of the 22nd moved that the Senate adjourn, pursuant to HR 841, until 10:00 a.m., Tuesday, February 1, 2000; the motion prevailed, and at 12:02 p.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Tuesday, February 1, 2000 Tenth 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 the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1216.

By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:
A bill to amend an Act creating the State Court of Cherokee County, so as to provide for an additional judge of the State Court of Cherokee County.

HB 1226.

By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend the Act creating the Lamar County Livestock and Agricultural Exposition Authority so as to provide that such authority is established for a purpose exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; to provide for distribution of authority assets upon dissolution; to prohibit certain political activity by the authority.

HB 441.

By Representatives Walker of the 141st, Bohannon of the 139th, Buck of the 135th and others:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Offic ial Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to provide for the tax situs of certain motor vehicles owned by nonresident soldiers and sailors; to provide for the tax situs of such vehicles in the case of certain joint ownership.

HB 446.

By Representatives Birdsong of the 123rd, Skipper of the 137th, Walker of the 141st and others:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide that any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal and school purposes in the same amount as that to which a disabled veteran is entitled under other provisions of law.

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HB 684.

By Representatives Birdsong of the 123rd, Roberts of the 162nd, Sims of the 167th and others:
A bill to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to a certain homestead exemption for disabled veterans and certain surviving family members, so as to change certain references to federal law; to clarify the maximum amount of such exemption which may be granted to a disabled veteran or the unremarried surviving spouse or minor children of any such disabled veteran as of January 1, 1999.

HB 1182.

By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:
A bill to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to repeal certain provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources.

HB 1153.

By Representatives Rice of the 79th, Benefield of the 96th, Walker of the 141st and others:
A bill to amend Code Section 32-4-2 of the Official Code of Georgia Annotated, relating to official maps and records and rules and regulations of the Department of Transportation, so as to provide for an official list of those portions and features of the state highway system which have been named by Act or resolution of the General Assembly or by resolution of the State Transportation Board; to amend Code Section 50-25-7 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority's sale of files of public information, receipt of data in electronic format from the public, and application of statutory restrictions on confidentiality to the authority, so as to provide an exception.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 792.

By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A resolution designating the John F. Lawler Memorial Bridge.

HR 888.

By Representative Teper of the 61st: A resolution recognizing and commending Home Depot for its environmental leadership.

The following bills of the Senate were introduced, read the first time and referred to committees:
SB 378. By Senator Burton of the 5th:
A bill to be entitled an Act to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to prohibit the sealing of certain court files, evidence, and transcripts in certain cases involving child custody; to provide for public inspection; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.

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SB 379. By Senator Crotts of the 17th:
A bill to be entitled an Act to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to certain retail installment contract check dishonor fees, so as to change the fee amount; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banking and Financial Institutions.
SB 380. By Senators Walker of the 22nd, Brown of the 26th and Dean of the 31st:
A bill to be entitled an Act to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general offenses against public health and morals, so as to provide that a person owning or operating a business in which cigarettes or other tobacco products are sold at retail shall display cigarettes or other tobacco products only within plain view of the cashier or another employee; to provide exceptions; to define a certain term; to change certain references; to amend Code Section 495-12 of the Official Code of Georgia Annotated, relating to the licensing and inspection of child welfare agencies and child care facilities, so as to change a certain reference; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
SB 381. By Senators Hill of the 4th, Blitch of the 7th, Madden of the 47th and Ragan of the 11th:
A bill to be entitled an Act to amend Code Section 31-7-94.1 of the Official Code of Georgia Annotated, the "Rural Hospital Authorities Assistance Act," so as to change the purposes for which grants may be made to certain rural hospitals; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
SB 382. By Senators Hill of the 4th, Blitch of the 7th, Madden of the 47th and Ragan of the 11th:
A bill to be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to exempt the purchase, sale, or lease of certain rural hospitals from certain restrictions relating to those transactions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
SB 383. By Senators Starr of the 44th, Walker of the 22nd, Stokes of the 43rd and others:
A bill to be entitled an Act to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to change the date on which the commission shall be terminated; to amend an Act creating the State Commission on Family Violence, approved April 16, 1992 (Ga. L. 1992, p. 1810), as amended, particularly by an Act approved April 2, 1996 (Ga. L. 1996, p. 449), so as to repeal provisions of said Act formerly governing the termination of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
SB 384. By Senators Stephens of the 51st, Johnson of the 1st, Perdue of the 18th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to eligibility and qualifications for office, so as to provide that certain persons who engage in lobbying for compensation and who are required to register with the State Ethics Commission under the provisions of Code Section 21-5-71 shall not be eligible for membership on or after July 1, 2000, on any board, commission, or committee of state government for

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which the qualifications of members can be established by law; to provide for exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
SB 385. By Senators Johnson of the 1st and Thomas of the 2nd:
A bill to be entitled an Act to amend an Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), as amended by an Act approved March 24, 1988 (Ga. L. 1988, p. 4824), so as to provide for an additional citizen member of the authority who shall be chosen from the disabled community; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SB 386. By Senator Jackson of the 50th:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Dahlonega, approved April 12, 1982 (Ga. L. 1982, p. 4354), as amended, so as to change the provisions relating to terms of office of the mayor and councilmembers; to change the provisions relating to elections; to provide for elections by plurality vote; to correct certain citations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SB 387. By Senators Price of the 56th and Hecht of the 34th:
A bill to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide that a parent or guardian of a child under the age of 18 years who has a good faith, objectively reasonable basis for concern that such child is the victim of the criminal conduct of another may consent on behalf of the child for recording and divulging a telephonic conversation or an electronic communication between the child and one or more persons; to provide that such recording shall be admissible into evidence; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 388. By Senators Price of the 56th, Perdue of the 18th, Guhl of the 45th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for optional health care coverage plans as alternatives to the health insurance plan coverage and for conditions and procedures relating thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
SB 389. By Senator Gillis of the 20th:
A bill to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to provide that persons 14 and 15 years of age may operate any type of vessel in the waters of the state under certain conditions; to change certain provisions relating to muffling internal combustion engines on vessels; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.

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SB 390. By Senators Fort of the 39th, Kemp of the 3rd and Smith of the 25th:
A bill to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for enhanced sentences in any case in which the judge imposing the sentence determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of the actual or perceived race, color, religion, national origin, ancestry, ethnicity, gender, disability, or sexual orientation of the victim or any person associated with the victim, or with the property which is the object of the offense; to provide a short title; to provide procedures under which such enhanced sentences may be sought; to repeal conflicting laws; and for other purposes.
Senator Fort of the 39th gave notice that at the proper time he would ask that SB 390 be engrossed.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 441. By Representatives Walker of the 141st, Bohannon of the 139th, Buck of the 135th 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 provide for the tax situs of certain motor vehicles owned by nonresident soldiers and sailors; to provide for the tax situs of such vehicles in the case of certain joint ownership; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 446. By Representatives Birdsong of the 123rd, Skipper of the 137th, Walker of the 141st and others:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide that any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal and school purposes in the same amount as that to which a disabled veteran is entitled under other provisions of law; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 684. By Representatives Birdsong of the 123rd, Roberts of the 162nd, Sims of the 167th and others:
A bill to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to a certain homestead exemption for disabled veterans and certain surviving family members, so as to change certain references to federal law; to clarify the maximum amount of such exemption which may be granted to a disabled veteran or the unremarried surviving spouse or minor children of any such disabled veteran as of January 1, 1999; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1153. By Representatives Rice of the 79th, Benefield of the 96th, Walker of the 141st and Murphy of the 18th:
A bill to be entitled an Act to amend Code Section 32-4-2 of the Official Code of Georgia Annotated, relating to official maps and records and rules and regulations of the Department of Transportation, so as to provide for an official list of those portions and features of the state highway system which have been named by Act or resolution of the General Assembly or by resolution of the State Transportation Board; to amend Code Section 50-25-7 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority's sale of files of public information, receipt of data in electronic format from the

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public, and application of statutory restrictions on confidentiality to the authority, so as to provide an exception; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

HB 1182. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:

A bill to be entitled an Act to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to repeal certain provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources.

HB 1216. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:

A bill to be entitled an Act to amend an Act creating the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), so as to provide for an additional judge of the State Court of Cherokee County; to provide for the appointment of the initial judge; to provide for the election, powers, duties, jurisdiction, privileges, and compensation of said additional judge; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1226. By Representatives Smith of the 109th and Jenkins of the 110th:

A bill to be entitled an Act to amend the Act creating the Lamar County Livestock and Agricultural Exposition Authority, approved March 25, 1996 (Ga. L. 1996, p. 3703), so as to provide that such authority is established for a purpose exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; to provide for distribution of authority assets upon dissolution; to prohibit certain political activity by the authority; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations. HR 792. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:

A resolution designating the John F. Lawler Memorial Bridge; and for other purposes.

Referred to the Committee on Transportation.

The following committee reports were read by the Secretary:

Mr. President:

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

HB 1161. Do pass.

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

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Mr. President:

The Committee on Insurance and Labor 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 670. Do pass by substitute.

Respectfully submitted, Senator Madden of the 47th District, Chairman

Mr. President:

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

SB 333. Do pass as amended.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations 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 1218. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 307 SB 338 SB 339 SB 348 SR 411 HB 1113 HR 757

Senator Walker of the 22nd moved that Senator Cheeks of the 23rd be excused. On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Cheeks was excused.

Senator Johnson of the 1st moved that Senator Cagle of the 49th be excused. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Cagle was excused.

Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Kemp was excused.

The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Broun Brown Brush Burton Butler Cable Crotts Dean

Hecht Hill Hooks Huggins Jackson James Johnson,E Ladd Lamutt Land Lee

Price,T Ragan Ray Scott Smith Starr Stephens Stokes Tanksley Tate Thomas,D

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Egan Fort Gillis Gingrey Golden Guhl

Madden Marable Meyer v Bremen Perdue Polak Price,R

Thomas,N Thomas,R Thompson Walker Williams

Not answering were Senators:

Cagle (excused) Cheeks (excused) Harbison Kemp (excused) Streat

The members pledged allegiance to the flag.

Prayer was offered by Reverend Glen Money of First Baptist Church, Monroe, Georgia.

Senator Broun of the 46th introduced the Oconee County High School Football Team, commended by SR 419, adopted previously.

The following resolutions were read and adopted:

SR 486. By Senators Hooks of the 14th, Land of the 16th, Harbison of the 15th and Bowen of the 13th:

A resolution commending Stuart Perry on his national effort to promote mental health; and for other purposes.

SR 487. By Senators Walker of the 22nd, James of the 35th, Harbison of the 15th and others:

A resolution proclaiming the second Thursday in February as "African-American Business Enterprise Day"; and for other purposes.

SR 488. By Senators Hill of the 4th, Gillis of the 20th, Thomas of the 54th and others:

A resolution commending the Georgia Southern University Eagles football team; and for other purposes.

SR 489. By Senators James of the 35th, Harbison of the 15th, Tate of the 38th and others:

A resolution recognizing Delta Sigma Theta and declaring February 14, 2000, as Delta Sigma Theta Day; and for other purposes.

SR 493. By Senator Cable of the 27th:

A resolution honoring the Reverend Doctor Edwin L. Cliburn; and for other purposes.

HR 888. By Representative Teper of the 61st:

A resolution recognizing and commending Home Depot for its environmental leadership; and for other purposes.

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

Mr. President:

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The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 893.

By Representatives Murphy of the 18th and Walker of the 141st:

A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.

The Speaker appointed as a Committee of Escort on the part of the House the following members:

Representatives Royal of the 164th, Taylor of the 134th, Stuckey of the 67th, Morris of the 155th, Shaw of the 176th and Squires of the 78th.

The following resolution was read and put upon its adoption:

HR 893. By Representatives Murphy of the 18th and Walker of the 141st:

A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.

On the adoption of the resolution, the yeas were 29, nays 0, and the resolution was adopted.

Senator Cable of the 27th introduced the doctor of the day, Dr. Minor Vernon.

Senator Dean of the 31st moved that the following bill be withdrawn from the Defense, Science and Technology Committee and committed to the Finance and Public Utilities Committee:

SB 350. By Senators Walker of the 22nd, Johnson of the 1st and Polak of the 42nd:

A bill to be entitled an Act to amend Chapter 4 of Title 43 of the O.C.G.A., relating to architects, so as to comprehensively revise the law relating to the practice of architecture in this state; to change and add definitions; to create the Georgia State Board of Architects and Interior Designers; to provide for the election of a vice president of such board; to provide for qualifications of applicants who seek to be registered architects; to provide for restrictions on the practice of architecture; to provide for renewals of registration; to provide for the power of the board to revoke registrations; to define what structures need the seal of an architect; to provide for exceptions, enforcement, and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 350 was withdrawn from the Defense & Veterans Affairs Committee and committed to the Finance and Public Utilities Committee.

Senator Hecht of the 34th moved that the following bill be withdrawn from the Insurance and Labor Committee and committed to the Judiciary Committee:

SB 377.

By Senators Hecht of the 34th, Scott of the 36th, Kemp of the 3rd and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firemen who become physically disabled, but not permanently disabled, as a result of

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a physical injury incurred in the line of duty while fighting a fire; to provide a conditional effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 377 was withdrawn from the Insurance and Labor Committee and committed to the Judiciary Committee.

The following local, uncontested bill, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Tuesday, February 1, 2000 Tenth Legislative Day

(The name listed with the bill is the Senator whose district is affected by the legislation.)

HB 1218

Madden of the 47th FRANKLIN COUNTY

A bill to be entitled an Act to amend an Act creating a new Board of Commissioners of Franklin County, approved April 4, 1991 (Ga. L. 1991, p. 4681), so as to provide that the office of chairperson shall be a part-time position; to provide for one mandatory monthly meeting of the board of commissioners; to change the method of filling vacancies on the board; to change the provisions relating to the compensation of the chairperson and members of the board; to authorize the appointment of a county manager by the board of commissioners; to provide for the county manager's duties, qualifications, and authority; to provide for a referendum; to provide for effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

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On the passage of the local bill, the yeas were 50, nays 0.
The bill on the Local Consent Calendar, having received the requisite constitutional majority, was passed.
The following communication was received by the Secretary: I would like to record a yea vote on the Local Consent Calendar.
/s/ Senator Williams 6th District
The proper time having arrived to entertain the motion, Senator Fort of the 39th moved that the following bill be engrossed:

SB 390. By Senators Fort of the 39th, Kemp of the 3rd and Smith of the 25th:

A bill to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for enhanced sentences in any case in which the judge imposing the sentence determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of the actual or perceived race, color, religion, national origin, ancestry, ethnicity, gender, disability, or sexual orientation of the victim or any person associated with the victim, or with the property which is the object of the offense; to provide a short title; to provide procedures under which such enhanced sentences may be sought; to repeal conflicting laws; and for other purposes.

On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

On the motion to engross, the yeas were 32, nays 19; the motion prevailed, and SB 390 was engrossed. The President referred SB 390 to the Senate Judiciary Committee.

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The following communication was received by the Secretary:

I would like to record a nay vote on the engrossment of SB 390.

/s/ Senator Williams 6th District

SENATE CALENDAR

Tuesday, February 1, 2000 TENTH LEGISLATIVE DAY

SR 407 Sales Tax-urge bill on exemption for school uniforms (F&PU-8th)

HB 331 Ticket sales; certain athletic and entertainment events (Substitute) (V&CA-22nd) Powell-23rd

HB 597

Superior court clerks; make available certain real estate indices (Substitute) (S Judy-50th) Hammontree-4th

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

SR 407. By Senators Golden of the 8th, Hecht of the 34th, Walker of the 22nd and others:

A resolution urging the House of Representatives to introduce, pass, and transmit to the Senate a bill establishing a temporary sales and use tax exemption in 2000 with respect to certain clothing, wallets, and bags typically purchased for school students; and for other purposes.

Senators Land of the 16th, Johnson of the 1st, Price of the 28th and others offered the following amendment:

Amend SR 407 by inserting "and a bill requiring that the uniform evaluation of motor vehicles prepared by the state revenue commissioner shall reflect the average of the current retail value and the current wholesale value for all motor vehicles" between "students" and the semicolon on line 5 of page 1.

By adding "WHEREAS, owners of motor vehicles have seen staggering increases in their ad valorem tax bills as a result of recent valuation changes incorporated into the uniform evaluation of motor vehicles prepared by the state revenue commissioner and these increases were not taken into account when county millages were established and financial windfalls have been reaped at the expense of taxpayers; and" preceding line 1 of page 2.

By inserting "and a bill requiring that the uniform evaluation of motor vehicles prepared by the state revenue commissioner shall reflect the average of the current retail value and the current wholesale value for all motor vehicles" between "students" and the period on line 9 of page 2.

Senator Dean of the 31st requested a ruling by the Chair as to the germaneness of the amendment.

The President ruled the amendment not germane.

The report of the committee, which was favorable to the 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 N Blitch Y Bowen

Y Harbison Y Hecht Y Hill

Y Price,R Y Price,T Y Ragan

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Y Broun N Brown Y Brush N Burton Y Butler Y Cable E Cagle E Cheeks Y Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Hooks Y Huggins Y Jackson Y James Y Johnson,E E Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the adoption of the resolution, the yeas were 45, nays 7.

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

The following communication was received by the Secretary:

I wish to record my vote on SR 407 as a yes vote.

/s/Senator Williams 6th District

The Calendar was resumed.

HB 331. By Representatives Powell of the 23rd, McCall of the 90th, Parham of the 122nd and others:

A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, 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 entertainment events at a price in excess of the price printed on the ticket; and for other purposes.

Senate Sponsor: Senator Walker of the 22nd.

The Senate Veterans and Consumer Affairs Committee offered the following substitute to HB 331:

A BILL

To be entitled an Act to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, 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 entertainment events at a price in excess of the price printed on the ticket; to provide an exception with respect to a ticket broker who meets certain qualifications and certain persons 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 entertainment events; to require advertising of events to include certain information relating 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; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, is amended by striking Code Section 10-1-310, relating to the prohibition against scalping tickets for certain athletic contests or entertainment events, which reads as follows:
"10-1-310.
(a) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any football game, basketball game, baseball game, soccer game, hockey game, or tennis or golf tournament for a price in excess of the price printed on the ticket; provided, however, that 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.
(b) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any entertainment event not covered by subsection (a) of this Code section, including but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted, for a price in excess of the price printed on the ticket; provided, however, that the owner, operator, lessee, or tenant of the property on which such entertainment event is to be held or is being held may authorize, in writing, any person to charge a service charge for the sale or selling of such ticket, privilege, or license of admission in addition to the price printed on the ticket. Such writing shall specify the amount of the service charge to be charged for the sale or selling of each ticket, privilege, or license of admission.
(c) Any advertisement, announcement, or poster for any 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 selling of each ticket, privilege, or license of admission and such advertisement shall be clearly and conspicuously stated.",
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) 'Administrator' 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 eleemosynary organization which is exempt from taxation under federal and Georgia law.
(3) 'Charitable purposes' means purposes which further the mission of the charitable 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 entertainments, 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 broker 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 resale any ticket of admission or other evidence of the right of entry to any athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions 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

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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 another 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 Title 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 employed 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.
(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 athletic 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)(1) 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 reselling in excess of 1 percent 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 requests 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.

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(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 athletic 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 times the amount paid by the purchaser for each such ticket.
(h)(1) 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 reselling or offering for resale any of such tickets for any price, provided that such person 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 benefit 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 authorized to exercise all powers and to impose civil penalties as provided in Code Section 10-1-397 in enforcing the provisions of this article.

(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."

SECTION 2.

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

SECTION 3.

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

Senators Brush of the 24th and Walker of the 22nd offered the following amendment: Amend the Senate substitute to HB 331 by changing on page 5, line 41, 200 feet to 300 feet.

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 41, 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
Broun Y Brown Y Brush Y Burton Y Butler Y Cable E Cagle

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

Y Price,R Y Price,T Y Ragan Y Ray Y Scott
Smith Y Starr Y Stephens Y Stokes Y Streat

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

Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y 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 by substitute.

HB 597. By Representatives Hammontree of the 4th and Shanahan of the 10th:

A bill to amend Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, so as to require clerks of superior courts to maintain and make readily available to the public printed copies of the real estate grantor and grantee indices; and for other purposes.

Senate Sponsor: Senator Jackson of the 50th.

The Senate Special Judiciary Committee offered the following substitute to HB 597:

A BILL

To be entitled an act to amend Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, so as to require clerks of superior courts to maintain and make readily available to the public printed copies of the real estate grantor and grantee indices updated regularly; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, is amended by striking subsection (b) in its entirety, and inserting in its place the following:

"(b) Nothing in this Code section shall restrict or otherwise prohibit a clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of superior court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained. Regardless of the automated or computerized system elected, each clerk shall maintain and make readily available to the public, complete, printed copies of the real estate grantor and grantee indices updated regularly, prepared in compliance with paragraph (15) of subsection (a) of Code Section 15-6-61 and Code Section 15-6-66."

SECTION 2.

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

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

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181

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 Y Brown Y Brush Y Burton Y Butler Y Cable E Cagle E 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,E E Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 11:38 a.m.

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Senate Chamber, Atlanta, Georgia Wednesday, February 2, 2000 Eleventh 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 the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1259.

By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Clay County, so as to change the provisions relating to the chairperson and vice chairperson of the board of commissioners and their selection and terms; to change the provisions relating to the compensation of the chairperson and members of the board of commissioners.

HB 1242.

By Representatives Bulloch of the 180th and Sholar of the 179th:
A bill to provide for a homestead exemption from certain Thomas County ad valorem taxes, Thomas County and City of Thomasville School District ad valorem taxes, municipal ad valorem taxes, and ad valorem taxes for special district purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident of Thomas County.

HB 1123.

By Representatives Lane of the 146th, Floyd of the 138th, Royal of the 164th and others:
A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to provide for a statement of legislative purpose; to provide that it is the intent of the General Assembly to fund certain activities; to provide that it shall not be necessary to obtain a permit to burn leaf piles.

HB 455.

By Representatives Smith of the 169th, Coleman of the 142nd, Benefield of the 96th and others:
A bill to amend Code Section 28-10-1 of the Official Code of Georgia Annotated, relating to creation and membership of the Georgia Rail Passenger Authority Overview Committee, so as to change certain provisions relating to number of members and appointment thereof.

Wednesday, February 2, 2000

183

HB 1089.

By Representative Jenkins of the 110th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that membership dues shall be due on a certain date; to provide that membership dues shall not be required after payment for 20 years.

HB 634.

By Representatives Stanley of the 50th, West of the 101st, Cummings of the 27th and others:
A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to change the provisions regarding qualifications for licenses.

HB 1181.

By Representatives Parham of the 122nd, Graves of the 125th, Twiggs of the 8th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs.

HB 1235.

By Representatives Childers of the 13th, McClinton of the 68th, Epps of the 131st and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create the Commission on Men's Health and provide for its assignment for administrative purposes and for its staff.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 756.

By Representatives Stephens of the 150th, DeLoach of the 172nd, Lane of the 146th and others: A resolution designating the Tom Triplett Parkway.

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

SB 30.

By Senators James of the 35th and Butler of the 55th:

A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 391. By Senators Hecht of the 34th, Starr of the 44th, Walker of the 22nd and Dean of the 31st:

A bill to be entitled an Act to amend Code Section 43-39-13 of the Official Code of Georgia Annotated, relating to denial, revocation, or suspension of licenses to practice psychology, so as to require the furnishing of certain information to a psychologist after an investigation thereof is initiated or completed and to require a delay in sanctions in order to allow the person being investigated to respond to such

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information; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
SB 392. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend Code Section 16-7-81 of the Official Code of Georgia Annotated, relating to explosive materials, so as to provide for additions to the list of explosive materials; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Specia l Judiciary.
SB 393. By Senators Gillis of the 20th, Broun of the 46th and Crotts of the 17th:
A bill to be entitled an Act to amend Code Section 12-2-6 of the O.C.G.A., relating to the authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, volunteer services, cooperation with other government entities and civic organizations, and related matters, so as to authorize the commissioner of natural resources to accept volunteer services from individuals for the promotion of boating safety and hunter and boating safety programs; to authorize the Department of Natural Resources to participate with private groups to advertise and promote any activities related to the objectives, powers, duties, and responsibilities of the department that make efficient use of funds appropriated for advertising; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
SB 394. By Senators Brush of the 24th, Blitch of the 7th, Johnson of the 1st and Lee of the 29th:
A bill to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to enact the "State Regulatory Responsibility Act"; to provide a short title; to provide a definition; to provide for the legislative purpose of providing guidelines for state agencies to follow in determining when to comply with federal guidance, submit to federal preemption, and comply with federal regulatory mandates; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 395. By Senators Tate of the 38th and Thomas of the 10th:
A bill to be entitled an Act to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to the suspension or revocation of the licenses of habitually negligent or dangerous drivers and to the point system, so as to provide for the assessment of points for a violation of Code Section 40-6241, relating to the use of radios and mobile telephones while driving; to amend Code Section 40-6-241 of the Official Code of Georgia Annotated, relating to the exercise of due care by drivers and the allowance for proper use of radios and mobile telephones, so as to provide that a driver who is involved in an accident while using a mobile telephone shall be in violation of said Code section; to provide a penalty; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 396. By Senators Brush of the 24th and Lee of the 29th:
A bill to be entitled an Act to amend Chapter 1 of Title 51 of the O.C.G.A., relating to general provisions relative to torts, so as to provide for denial of or limitation on recovery of damages to certain persons injured while committing felonies, uninsured motorists, drivers injured while under the influence of alcohol or drugs, and motorists injured while driving with suspended or revoked drivers'

Wednesday, February 2, 2000

185

licenses; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 398.

By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Hill of the 4th and others:

A bill to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the OneGeorgia Authority; to provide a short title; to provide for legislative findings and declaration of necessity; to provide definitions; to provide for the composition of the authority; to provide for the appointment of an executive director; to provide for limitation on the authority's liability; to provide for the powers of the authority; to provide for the powers to issue bonds and incur indebtedness; to provide for obligations not subject to the "Georgia Securities Act of 1973"; to provide for bonds as securities; to provide for the payment of bond proceeds; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Economic Development, Tourism and Cultural Affairs.

SB 399.

By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, Price of the 56th and others:

A bill to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for state and local government activities with respect to preservation of greenspace; to state legislative intent; to define terms; to create the Georgia Greenspace Commission and provide for its membership, powers and duties, and operations; to create the Georgia Greenspace Trust Fund and provide for appropriations and other additions to said fund, as well as grants and other disbursements from said fund; to provide for eligibility for and award and disbursement of grants to counties; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources.

SB 400. By Senators Starr of the 44th, Streat of the 19th and Lee of the 29th:

A bill to be entitled an Act to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to redefine the term "enterprise"; to thereby change provisions relating to the scope of operations of the authority; to change provisions relating to the period of time during which the authority may issue certain bonds and notes; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Economic Development, Tourism and Cultural Affairs.

SB 401. By Senators Starr of the 44th, Walker of the 22nd and Marable of the 52nd:

A bill to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to require local school systems receiving certain state education funds to suspend a student who commits any act of violence resulting in substantial injury to a teacher for the remainder of the school year; to provide for a disciplinary hearing regarding the suspension; to provide that such a student shall not be eligible for enrollment in public education programs, except that a local board of education may enroll such a student in an alternative education program beginning with the school year following the student's suspension; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

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SR 490. By Senators Starr of the 44th, Walker of the 22nd and Golden of the 8th:
A resolution creating the Blue Ribbon Commission on State Government Decentralization; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes.
Referred to the Committee on Economic Development, Tourism and Cultural Affairs.
SR 491. By Senators Starr of the 44th, Walker of the 22nd and Meyer von Bremen of the 12th:
A resolution creating the General Assembly's Commission on Juvenile Gangs; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes.
Referred to the Committee on Judiciary.
The following bills and resolution of the House were read the first time and referred to committees:
HB 455. By Representatives Smith of the 169th, Coleman of the 142nd, Benefield of the 96th and others:
A bill to amend Code Section 28-10-1 of the Official Code of Georgia Annotated, relating to creation and membership of the Georgia Rail Passenger Authority Overview Committee, so as to change certain provisions relating to number of members and appointment thereof; and for other purposes.
Referred to the Committee on Transportation.
HB 634. By Representatives Stanley of the 50th, West of the 101st, Cummings of the 27th and others:
A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to change the provisions regarding qualifications for licenses; and for other purposes.
Referred to the Committee on Higher Education.
HR 756. By Representatives Stephens of the 150th, DeLoach of the 172nd, Lane of the 146th and others:
A resolution designating the Tom Triplett Parkway; and for other purposes.
Referred to the Committee on Transportation.
HB 1089. By Representative Jenkins of the 110th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that membership dues shall be due on a certain date; to provide that membership dues shall not be required after payment for 20 years; and for other purposes.
Referred to the Co mmittee on Retirement.
HB 1123. By Representatives Lane of the 146th, Floyd of the 138th, Royal of the 164th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to provide for a statement of legislative purpose; to provide that it is the intent of the General Assembly to fund certain activities; to provide that it shall not be

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necessary to obtain a permit to burn leaf piles; to provide that local governments may not prohibit certain types of burning; to change a certain definition; to specify certain duties of the State Forestry Commission; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1181. By Representatives Parham of the 122nd, Graves of the 125th, Twiggs of the 8th and others:
A bill to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1235. By Representatives Childers of the 13th, McClinton of the 68th, Epps of the 131st and others:
A bill to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create the Commission on Men's Health and provide for its assignment for administrative purposes and for its staff; to provide for findings; to provide for appointment, qualifications, terms, compensation, expenses, vacancies, and removal of commission members; to provide for commission organization, powers, and duties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
HB 1242. By Representatives Bulloch of the 180th and Sholar of the 179th:
A bill to be entitled an Act to provide for a homestead exemption from certain Thomas County ad valorem taxes, Thomas County and City of Thomasville School District ad valorem taxes, municipal ad valorem taxes, and ad valorem taxes for special district purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident of Thomas County; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1259. By Representative Greene of the 158th:
A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Clay County, approved February 16, 1953 (Ga. L. 1953, Jan. - Feb. Sess., p. 2326), as amended, so as to change the provisions relating to the chairperson and vice chairperson of the board of commissioners and their selection and terms; to change the provisions relating to the compensation of the chairperson and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
The following committee reports were read by the Secretary:
Mr. President:
The Committee on Finance and Public Utilities 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:

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SB 317. Do pass by substitute. SB 340. Do pass by substitute. HB 496. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

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

SB 334. Do pass. SB 344. Do pass.

Respectfully submitted, Senator Madden of the 47th District, Chairman

The following communication was received by the Secretary:

THE STATE SENATE ATLANTA, GEORGIA 30334

February 1, 2000

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

Dear Mr. Secretary:

Due to illness, I will be unable to chair the Senate Judiciary Meeting this afternoon at 3:00 p.m. Under Senate Rule 187B, this letter authorizes my Vice-Chairman, Senator Greg Hecht to chair this meeting.

If you need any further information, please contact my office.

Thank you.

Sincerely, /s/ Rene Kemp

Mr. President:

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

SB 316. Do pass by substitute. HB 408. Do pass. HB 552. Do pass. HR 268. Do pass.

Respectfully submitted, Senator Hecht of the 34th District, Vice-Chairman

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189

Mr. President:

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

SB 342. Do pass. SB 356. Do pass. SB 365. Do pass. HB 115. Do pass.

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations 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 805. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills of the Senate and House were read the second time:

SB 333 HB 1161

Senator Land of the 16th moved that Senator Harbison of the 15th be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Harbison was excused.

Senator Broun of the 46th moved that Senator Cheeks of the 23rd be excused. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Cheeks was excused.

The roll was called and the following Senators answered to their names:

Blitch Bowen Broun Brown Brush Burton Butler Cable Cagle Crotts Dean Egan Fort Gillis Gingrey Golden Guhl
Not answering were Senators:

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

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

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Balfour Cheeks (excused) Harbison (excused) Tanksley Thomas, N.

The members pledged allegiance to the flag. Prayer was offered by Reverend Jeff Ross, pastor of the First Methodist Church, Cedartown, Georgia. Senator Crotts of the 17th recognized the Eagles Landing Softball Champions. Senator Dean of the 31st introduced the Paulding County Youth Leadership. Senator Polak of the 42nd introduced the doctor of the day, Dr. Robert Bruce of Emory Hospital at Egleston. The following resolutions were read and adopted: SR 492. By Senators Starr of the 44th and Walker of the 22nd:
A resolution recognizing and commending Boyd Clines and Larry Rogers; and for other purposes. SR 494. By Senators Hill of the 4th, Polak of the 42nd, Crotts of the 17th and Thomas of the 2nd:
A resolution recognizing the Georgia National Guard and the Georgia Department of Defense and declaring February 9, 2000, to be National Guard Day in Georgia; and for other purposes. SR 495. By Senator Hooks of the 14th: A resolution commending the "Shakers" of Fort Valley Middle School and recognizing February 14 as "Earthquake Awareness Day" at the Capitol; and for other purposes. SR 496. By Senator Bowen of the 13th: A resolution recognizing Mrs. Thomas Lawhorne; and for other purposes. SR 497. By Senators Burton of the 5th, Scott of the 36th, Ladd of the 41st and others: A resolution urging citizens to support the efforts of Stan Cottrell; and for other purposes. SR 498. By Senators Burton of the 5th, Ladd of the 41st, Hooks of the 14th and others: A resolution recognizing the efforts of Rotary Clubs of Georgia to promote world peace and understanding through their Georgia Rotary Student Program; and for other purposes. SR 499. By Senators Tate of the 38th, Scott of the 36th, Thomas of the 10th and others: A resolution recognizing Alpha Kappa Alpha Sorority, Inc.; and for other purposes. SR 500. By Senators Brush of the 24th, Dean of the 31st, Streat of the 19th and Johnson of the 1st: A resolution recognizing the month of May, 2000, as "Motorcycle Awareness and You Month" in Georgia; and for other purposes.

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Senator Perdue of the 18th moved that the following bill be withdrawn from the Judiciary Committee and committed to the Ethics Committee:

SB 33.

By Senator Perdue of the 18th:

A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to define certain terms; to prohibit certain communications to and appearances before state departments, agencies, and boards by former public officers of the State of Georgia; to prohibit certain communications to and appearances before members of the General Assembly by former members of the General Assembly.

On the motion, Senator Perdue of the 18th, called for the yeas and nays; the call was sustained, and the vote was as follows:

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

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

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

On the motion, the yeas were 49, nays 3; the motion prevailed, and SB 33 was withdrawn from the Judiciary Committee and committed to the Ethics Committee.
Senator Gingrey of the 37th introduced Travis Tritt, commended by SR 452, adopted previously.
Senator James of the 35th recognized the Leaders of the Islamic Community in Georgia, commended by SR 410, adopted previously.
The following local, uncontested bill, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR
Wednesday, February 2, 2000 Eleventh Legislative Day

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(The name listed with the bill is the Senator whose district is affected by the legislation.)

HB 805

Walker of the 22nd Cheeks of the 23rd RICHMOND COUNTY

A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to provide that such officials shall be entitled to receive a travel allowance and reasonable expenses; to change certain provisions relative to the salary of state court judges; and for other purposes.

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

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

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

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

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

On the passage of the local bill, the yeas were 48, nays 0.

The bill on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

SENATE CALENDAR

Wednesday, February 2, 2000 ELEVENTH LEGISLATIVE DAY

SB 307 Shoplifting-felony provisions (Amendment) (S Judy-34th)

SB 338 SB 339

Magistrate Courts-service of citations, ordinance violation trials (Amendment) (Judy-3rd) Eminent Domain-sewage treatment, disposal system purposes (Nat R-36th)

SB 348 Interest and Usury-clarification regarding pawnbrokers (Judy-29th)

SR 411 CA: General Assembly Member Convicted of Felony-replacement (Ethics-44th)

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193

HB 670 Health insurance; policy cards; require certain information (Substitute) (I&L-8th) Harbin-113th HB 1113 Elections; transmittal of returns; electronic format (Ethics-44th) Holmes-53rd HR 757 Century of Women in the United States; recognize 20th Century (Ethics-22nd) Mosley-171st

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

SB 307.

By Senators Hecht of the 34th, Starr of the 44th and Kemp of the 3rd:
A bill to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for certain offenses related to defrauding or theft from retail merchants; to provide that shoplifting from three separate mercantile establishments within 72 hours is a felony; to provide for felony offenses relating to fraudulent use of retail sales receipts and Universal Product Code labels; to provide for penalties; to repeal conflicting laws; and for other purposes.

The Senate Special Judiciary Committee offered the following amendment: Amend SB 307 by striking from line 5 of page 1 and line 32 of page 2 the following:

"72 hours".

and inserting in lieu thereof the following:

"seven days".

On the adoption of the amendment, the yeas were 31, 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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle E Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

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

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

On the passage of the bill, the yeas were 51, nays 0.

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The bill, having received the requisite constitutional majority, was passed as amended.
SB 338. By Senators Kemp of the 3rd, Hecht of the 34th, Land of the 16th and Harbison of the 15th:
A bill to be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the provisions relating to the service of citations for the trial of ordinance violations and deposit account fraud in magistrate courts and the filing of copies with the court; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following amendment:

Amend SB 338 by striking line 33 of page 1 and line 1 of page 2 and inserting in lieu thereof the following:

"citation shall be personally served upon the accused and a copy and the original shall promptly be filed with the court.'"

On the adoption of the amendment, the yeas were 37, 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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle E 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 49, nays 0.

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

Senator Hecht of the 34th moved that Senator Tanksley of the 32nd be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Tanksley was excused.

The Calendar was resumed.

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195

SB 339.

By Senators Scott of the 36th, Egan of the 40th, Tate of the 38th and others:
A bill to be entitled an Act to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, so as to authorize utilization of the declaration of taking method of eminent domain for sewage treatment and disposal system purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

On the passage of the bill, the yeas were 37, nays 8.

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

SB 348. By Senators Lee of the 29th and Kemp of the 3rd:

A bill to be entitled an Act to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to change provisions regarding criminal penalty for excessive interest to ensure such penalties to not apply to pawnbrokers; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Y Blitch Y Bowen Y Broun N Brown Y Brush Y Burton Y Butler

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens

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Y Cable Y Cagle E Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 49, nays 1.

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

Senator Dean of the 31st moved that the Senate adjourn until 9:30 a.m. tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 11:47 a.m.

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197

Senate Chamber, Atlanta, Georgia Thursday, February 3, 2000 Twelfth Legislative Day
The Senate met pursuant to adjournment at 9:30 a.m. today and was called to order by Senator Starr of the 44th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1267.

By Representatives Mueller of the 152nd, Pelote of the 149th, Stephens of the 150th and others:
A bill to provide that the tax commissioner of Chatham County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Chatham County to reimburse the county for the cost of collecting school taxes.

HB 1271.

By Representatives Mills of the 21st, Smith of the 19th and Tolbert of the 25th:
A bill to amend an Act providing a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over so as to increase the exemption amount to $30,000.00 of the assessed value of the homestead for such residents and increase the income limitation to $14,000.00.

HB 1282.

By Representative Poag of the 6th:
A bill to amend an Act creating the office of commissioner of Murray County, approved March 20, 1939, as amended, particularly by an Act approved April 16, 1999, which 1999 Act provided for a referendum election with respect to reconversion of the board of commissioners to a sole commissioner form of government, so as to change provisions relating to the compensation of the chairperson in the board of commissioners form of government for Murray County.

HB 1283.

By Representative Greene of the 158th: A bill to provide a new charter for the City of Coleman.

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HB 840.

By Representatives Royal of the 164th, Jamieson of the 22nd, Coleman of the 142nd and others:
A bill to amend Part 2 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to funding, donations, property, and scholarships regarding Georgia Military College, so as to provide for the appropriation of funds designated for Georgia Military College through the Department of Technical and Adult Education and for the oversight of such funds by the Board of Technical and Adult Education.

HB 468.

By Representatives Reichert of the 126th and Hudson of the 156th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal certain provisions relating to radio common carriers.

HB 1158.

By Representatives Jenkins of the 110th, Stuckey of the 67th, Murphy of the 18th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for appointment as senior judges certain judges of probate courts; to provide that any judge of a probate court may serve as an assisting judge in any other probate court upon the request of the judge of the requesting court.

HB 1260.

By Representatives Martin of the 47th and Allen of the 117th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.

HB 1262.

By Representatives Martin of the 47th and Allen of the 117th:
A bill to amend of the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 397. By Senator Egan of the 40th:
A bill to be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for creation of one or more series of shares within a class of shares; to provide for the number of shares, a distinguishing designation, and the preferences, limitations, and relative rights of the shares in a series; to provide that all shares of a series shall have identical preferences, limitations, and relative rights; to provide for exceptions; to provide for making the characteristics of the shares of a series or the holders thereof dependent upon facts ascertainable outside the articles of incorporation; to provide for a nonexhaustive list of characteristics of the shares of a series; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.

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199

SB 402. By Senators James of the 35th, Lee of the 29th, Guhl of the 45th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide guidelines for court orders relating to the terms and conditions for visitation; to provide for legislative intent and state policy; to provide for a preference that children be together during visitation; to provide for standard minimum visitation; to provide for a rebuttable presumption; to provide for exceptions; to provide for factors to consider in issuing an order different from standard minimum visitation; to provide for visitation when the noncustodial parent lives within a specified distance and outside such distance; to provide for visitation on vacations and holidays; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 403. By Senators Ray of the 48th, Kemp of the 3rd and Lee of the 29th:
A bill to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings within the jurisdiction of the magistrate courts, so as to provide for the filing of actions, claims, answers, pleadings, postjudgment interrogatories, and other documents by electronic means; to provide for the electronic signature and verification of such pleadings and to provide for methods of service and docketing of such pleadings; to provide for the burden of proof if authenticity is challenged; to provide for the assessment and collection of fees in connection with such pleadings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 404. By Senators Butler of the 55th, Thomas of the 10th, Walker of the 22nd and others:
A bill to be entitled an Act to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to prohibit retaliation by a landlord against a tenant for certain complaints relating to violations of building or housing codes; to provide for an exception; to provide for a defense and rebuttable presumption; to provide that maintenance of certain actions does not release a landlord from liability under state law; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
SB 405. By Senators Butler of the 55th, Thomas of the 10th, Walker of the 22nd and others:
A bill to be entitled an Act to amend Code Section 40-11-3 of the Official Code of Georgia Annotated, relating to when peace officers may remove vehicles from public property and notification requirements, so as to change the time at which an officer may cause an unattended motor vehicle to be removed; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
SB 406. By Senators Lee of the 29th, Hecht of the 34th, Dean of the 31st and others:
A bill to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to require all local school systems to operate and maintain a summer school program for students attending alternative schools or who have been subject to suspension or in-house suspension during the regular school year; to require such students to attend such summer school program as a condition of elevation to the next grade level or graduation; to provide that such summer school program shall be part of the full session of the school system for purposes of compulsory school attendance by such students; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Education.
SB 407. By Senators Hecht of the 34th, Scott of the 36th, Kemp of the 3rd and others:
A bill to be entitled an Act to be known as the "Georgia Protection of Elder Persons and Disabled Adults Act of 2000"; to amend Chapters 5, 6, 8, and 9 of Title 16 of the O.C.G.A., relating respectively to crimes against the person, sexual offenses, theft, and forgery and fraudulent practices; Chapters 3 and 8 of Title 17 of the O.C.G.A., relating respectively to limitations on prosecution and trial; Chapter 3 of Title 24 of the O.C.G.A., relating to hearsay; Chapters 1 and 5 of Title 30 of the O.C.G.A., relating respectively to general provisions relative to handicapped persons and protection of disabled adults and elder persons, so as to provide for increased penalties for certain crimes committed against elder persons and certain disabled adults; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Corrections, Correctional Institutions and Property.
SR 502. By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th:
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 Chatham County, Georgia; authorizing the conveyance of certain state owned real property in Coffee 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 Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Houston County, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SR 503. By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th:
A resolution authorizing the conveyances of certain state owned parcels of real property located in Chatham County, Georgia; authorizing the extension of a lease of certain state owned real property located in Fulton County, Georgia; authorizing the exchange of certain state owned parcels of real property located in Dawson, Lumpkin, Union and Gilmer counties, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SR 504. By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities, together with the rights of ingress and egress, and drainage, in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Barrow, Chatham, Crisp, Douglas, Harris, Houston, Richmond, and Ware counties, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SR 509. By Senators Madden of the 47th, Price of the 56th, Thomas of the 54th and Gingrey of the 37th:
A resolution endorsing the CDC/MP recommendations regarding the judicious use of antibiotics and urging adoption thereof in certain practices and formularies; and for other purposes.
Referred to the Committee on Health and Human Services.

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The following bills of the House were read the first time and referred to committees:
HB 468. By Representatives Reichert of the 126th and Hudson of the 156th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal certain provisions relating to radio common carriers; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 840. By Representatives Royal of the 164th, Jamieson of the 22nd, Coleman of the 142nd and others:
A bill to amend Part 2 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to funding, donations, property, and scholarships regarding Georgia Military College, so as to provide for the appropriation of funds designated for Georgia Military College through the Department of Technical and Adult Education and for the oversight of such funds by the Board of Technical and Adult Education; and for other purposes.
Referred to the Committee on Higher Education.
HB 1158. By Representatives Jenkins of the 110th, Stuckey of the 67th, Murphy of the 18th and others:
A bill to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for appointment as senior judges certain judges of probate courts; to provide that any judge of a probate court may serve as an assisting judge in any other probate court upon the request of the judge of the requesting court; to provide for the payment of expenses; to provide for the office of senior judge of the probate courts; to provide for eligibility for such office; to provide for a request for assistance; to provide for compensation and payment of expenses; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1260. By Representatives Martin of the 47th and Allen of the 117th:
A bill to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1262. By Representatives Martin of the 47th and Allen of the 117th:
A bill to be entitled an Act to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code which have become obsolete; to delete

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portions of the Code which have been superseded by subsequent state laws; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1267. By Representatives Mueller of the 152nd, Pelote of the 149th, Stephens of the 150th and Day of the 153rd:
A bill to provide that the tax commissioner of Chatham County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Chatham County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1271. By Representatives Mills of the 21st, Smith of the 19th and Tolbert of the 25th:
A bill to be entitled an Act to amend an Act providing a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over, approved April 6, 1998 (Ga. L. 1998, p. 4281), so as to increase the exemption amount to $30,000.00 of the assessed value of the homestead for such residents and increase the income limitation to $14,000.00; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1282. By Representative Poag of the 6th:
A bill to be entitled an Act to amend an Act creating the office of commissioner of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, which 1999 Act provided for a referendum election with respect to reconversion of the board of commissioners to a sole commissioner form of government, so as to change provisions relating to the compensation of the chairperson in the board of commissioners form of government for Murray County; to provide that in the board of commissioners form of government for Murray County the chairperson shall not have veto power; to provide for related matters; to provide for a conditional effective date contingent on the results of said referendum election; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1283. By Representative Greene of the 158th:
A bill to be entitled an Act to provide a new charter for the City of Coleman; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

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The following committee reports were read by the Secretary:

Mr. President:

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

SB 347. Do pass.

Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President:

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

SB 383. Do pass. HB 206. Do pass.

Respectfully submitted, Senator Stokes of the 43rd District, Chairman

Mr. President:

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

HB 171. Do pass by substitute. HB 260. Do pass as amended.

Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President:

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

SB 69. Do pass by substitute.

Respectfully submitted, Senator Madden of the 47th District, Chairman

Mr. President:

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

SB 318. Do pass by substitute. SB 377. Do pass as amended. SB 390. Do pass. SR 204. Do pass by substitute.

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

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Mr. President:

The Committee on Natural Resources 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 327. Do pass by substitute. SB 343. Do pass as amended. SB 389. Do pass as amended. HB 1124. Do pass as amended.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Retirement 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 267. Do pass by substitute. HB 566. Do pass. HB 654. Do pass. HB 1046. Do pass. HB 1148. Do pass.

Respectfully submitted, Senator Huggins of the 53rd District, Chairman

Mr. President:

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

SB 385. Do pass. SB 386. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills of the Senate and House were read the second time:

SB 334 SB 342 SB 344 SB 356 SB 365 HB 408

The roll was called and the following Senators answered to their names:

Blitch Bowen Broun Brown Brush Burton Cable Cagle Cheeks Crotts Dean

Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Kemp Ladd Lamutt

Perdue Price,R Price,T Ragan Ray Scott Smith Stokes Streat Tanksley Tate

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Egan Fort Gillis Gingrey Golden Guhl

Land Lee Madden Marable Meyer v Bremen

Thomas,D Thomas,N Thomas,R Thompson Williams

Those not answering were Senators:

Balfour Butler Polak Starr (presiding) Stephens Walker

The following member was off the floor of the Senate when the roll was called and wishes to be recorded as present:

Senator Polak of the 42nd

The members pledged allegiance to the flag.

Prayer was offered by Pastor Ted Kandler of Thomaston, Georgia.

Senator Cable of the 27th introduced Dr. Edwin Cliburn, commended by SR 493 adopted previously.

The following resolutions were read and adopted:

SR 501. By Senators Thompson of the 33rd, Tanksley of the 32nd, Gingrey of the 37th and others:

A resolution commending Mandy Daniels, Miss Cobb County 2000; and for other purposes.

SR 505. By Senators Brown of the 26th, Cable of the 27th and Perdue of the 18th:

A resolution welcoming citizens and public officials from Macon and Bibb County, observing March 1, 2000, as Macon Day in Atlanta-Taste of Macon, recognizing the 2000 Cherry Blossom Festival; and for other purposes.

SR 506. By Senators James of the 35th, Fort of the 39th, Tate of the 38th and others:

A resolution recognizing South Fulton County Legislative Day at the Capitol on February 8, 2000; and for other purposes.

SR 507. By Senators James of the 35th, Fort of the 39th and Tate of the 38th:

A resolution commending Honorable John Lewis; and for other purposes.

SR 508. By Senator Harbison of the 15th:

A resolution commending John L. Ellison; and for other purposes.

The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

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SENATE LOCAL CONSENT CALENDAR

Thursday, February 3, 2000 Twelfth Legislative Day
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 385

Johnson of the 1st Thomas of the 2nd CHATHAM COUNTY

A bill to be entitled an Act to amend an Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), as amended by an Act approved March 24, 1988 (Ga. L. 1988, p. 4824), so as to provide for an additional citizen member of the authority who shall be chosen from the disabled community; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 386

Jackson of the 50th CITY OF DAHLONEGA

A bill to be entitled an Act to amend an Act creating a new charter for the City of Dahlonega, approved April 12, 1982 (Ga. L. 1982, p. 4354), as amended, so as to change the provisions relating to terms of office of the mayor and councilmembers; to change the provisions relating to elections; to provide for elections by plurality vote; to correct certain citations; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

On the passage of the local bills, the yeas were 46, nays 0.

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

The President assumed the Chair.

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Senator Gillis of the 20th introduced the doctor of the day, Dr. Jean Sumner.

SENATE CALENDAR

Thursday, February 3, 2000 TWELFTH LEGISLATIVE DAY

SR 411 CA: General Assembly Member Convicted of Felony-replacement (Amendment) (Ethics-44th)

HB 670

Health insurance; policy cards; require certain information (Substitute) (Amendment) (I&L-8th) Harbin-113th

HB 1113 Elections; transmittal of returns; electronic format (Ethics-44th) Holmes-53rd

HR 757 Century of Women in the United States; recognize 20th Century (Ethics-22nd) Mosley-171st

SB 333 Water Treatment Plant Operators- examinations for Class IV operators (Amendment) (Nat R-47th)

HB 115

Driver's license or permit; provide for replacement issuance (Pub Saf-21st) Wiles-34th (ENGROSSED IN HOUSE)

HB 496 Special plates and parking; handicapped persons; amend provisions (F&PU-4th) Martin-145th

HB 552 State court judges; qualifications; increase experience requirement (Judy-3rd) Davis-60th

HB 1161 Supplemental appropriations; FY 1999-2000; health insurance plans (Approp-14th) Murphy-18th

HR 268 CA: State court judges; increase law practice requirement (Judy-3rd) Davis-60th

The following general bills were read the third time and put upon their passage:
SR 411. By Senators Starr of the 44th, Scott of the 36th, Johnson of the 1st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to allow the Governor to appoint a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article II, Section III, Paragraph II of the Constitution is amended by striking the Paragraph in its entirety and inserting in its place a new Paragraph to read as follows:
"Paragraph II. Suspension upon felony conviction. Upon initial conviction of any public official designated in Paragraph I of this section for any felony in a trial court of this state or the United States, regardless of whether the officer has been suspended previously under Paragraph I of this section, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Paragraph, he or she shall not be entitled to receive the compensation from his or her office. If, during the remainder of the elected official's term of office, the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immediately reinstated to the office from which he or she was suspended and shall be entitled to receive any compensation withheld under the provisions of this

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Paragraph. Unless the Governor is the public official under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement official except in the case of a member of the General Assembly. If the Governor is the public officer under suspension, the provisions of Article V, Section I, Paragraph V of this Constitution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. The provisions of this Paragraph shall not apply to any conviction rendered prior to January 1, 1987."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to allow the Governor to appoint a replacement for any member of the General Assembly who has been initially convicted of a felony?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senators Crotts of the 17th, Land of the 16th, Perdue of the 18th and others offered the following amendment:

Amend SR 411 by striking from lines 1 and 2 of page 1 the words:

"allow the Governor to appoint a replacement",

and inserting in lieu thereof the following:

"provide that his or her office is vacated and a special election shall be held".

By striking lines 32 and 33 of page 1 and inserting in lieu thereof the following:

"appoint a replacement official except in the case of a member of the General Assembly. Any member of the General Assembly suspended under the provisions of this paragraph shall be deemed to have vacated their office which shall be filled as provided in Article III, Section IV, Paragraph V of this Constitution. If the Governor is the".

By striking lines 12 through 15 on page 2 and inserting in lieu thereof the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide for a special election to replace the vacated office of any member of the General Assembly who has been initially convicted of a felony?"

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

Y Balfour N Blitch N Bowen N Broun N Brown

N Harbison N Hecht N Hill N Hooks N Huggins

Y Price,R Y Price,T N Ragan Y Ray N Scott

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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 Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable
Meyer v Bremen Y Perdue
Polak

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

On the adoption of the amendment, the yeas were 21, nays 32, and the Crotts, et al. amendment was lost.

Senators Perdue of the 18th and Johnson of the 1st offered the following amendment:

Amend SR 411 by adding on line 15 of page 2 after "felony": "without an election by the voters."

Senator Perdue of the 18th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn.
The President announced that the Senate would stand in recess until 1:30 p.m. for the purpose of attending a Joint Session of the Senate and House, pursuant to HR 893.
The President appointed as a Committee of Escort the following Senators: Starr of the 44th, Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, Walker of the 22nd, Hill of the 4th and Stephens of the 51st.

The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a message by His Excellency, Governor Roy Barnes, was called to order by the President of the Senate. HR 893, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

His Excellency, Governor Roy Barnes, addressed the Joint Session of the Senate and the House of Representatives as follows:

Lieutenant Governor Taylor, Speaker Murphy, members of the General Assembly, members of the Judiciary, members of the Consular Corps, my fellow Georgians:

Last year when I came before you, I said that there were things we had to change if we wanted Georgia to continue to prosper and grow.

Today, Georgia is stronger because of the courage you showed in confronting those challenges.

We took an important first step toward dealing with Georgia's transportation, pollution, and land use problems by establishing the Georgia Regional Transportation Authority. This year I hope we will build on that beginning by preserving greenspace in our fastest growing counties.

We enacted a comprehensive patient's bill of rights to reign in the worst excesses of HMOs and managed care and gave Georgians an insurance advocate to keep rate increases from being approved unchallenged.

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We passed an $83 million property tax cut to help every Georgia homeowner - a tax break I hope you'll agree to double this year.
Because of your actions, Georgia's economy continues to grow. We now have the lowest unemployment rate ever recorded - just 3.2 percent -- and last year Georgia businesses created 155,000 new jobs.
This year I'm asking you for the same kind of effort and the same level of courage as we face an even greater problem.
Six years ago, Georgia ranked 49th in educating our children.
Today, we rank 50th. The District of Columbia passed us last year.
According to last week's report from the Council for School Performance, an independent body created by the Georgia General Assembly in 1993, 70,000 Georgia children are stuck in failing schools.
No matter how you look at it - SAT scores, high school completion rates, 8th grade math proficiency, even the Armed Forces Qualification Test - one message is clear: We must improve education now.
It's time we put some facts on the table about education reform, because the special interests are spreading fictions.
You have heard from some school superintendents concerned about funding even though there is a $133 million enhancement in the budget.
For years, the General Assembly has sent superintendents and school boards millions of dollars to lower class size.
Instead of keeping classes in the early grades at 17 students per teacher where the General Assembly funded it, some of them have used the money to add to administration while class sizes have ballooned to 33 per class.
The education bill I have sent to you requires them to use that money to lower class sizes.
And they don't like it.
Some school boards are grumbling, too.
You know why?
Because school councils will give parents, principals, and teachers more control over their schools.
Some school boards don't like the threat of real local control.
The Department of Education complains about accountability and says that Georgia schools are on the right track.
The education bureaucrats and special interests are never going to be happy with reform.
So if I have this many special interests upset, I must be doing something right.
Maybe that's why the public dialogue on education has produced such a broad consensus about the kind of reform Georgia schools need.
We agree that Georgia should set high standards for its schools and then measure their progress toward these standards.
We agree that our best and brightest teachers should be rewarded and that teachers who do the best job educating our children should be paid for their excellence.

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We agree that every teacher should have a basic competency in technology.
We agree that parents and teachers should have more control over their neighborhood schools.
And we agree that students should not be forced to attend a school that's failing them. But there is one thing we don't yet agree on, and that's what I'm here to talk to you about today.
Ending teacher tenure.
Georgia has many great teachers and even more good ones. They are the vast majority of the teachers in our classrooms, and tenure doesn't affect them because they not only do their jobs -- they do them well. But - as with doctors, or lawyers, or any other profession -- there are a very few bad apples in the barrel. And, as in every other profession, those few bad teachers sully the name and tarnish the reputation of every good, hardworking teacher we have who works long hours and cares deeply about the students under their care.
Those few bad teachers don't deserve the right to stain the honor of good teachers everywhere. They don't deserve the chance to keep our children from receiving a good education.
They don't deserve unconditional job protection.
In these cases, teacher tenure puts the legislative seal of approval - your seal of approval - on failure. And every day we don't do something about it - every day we keep these few failing teachers in our schools -- we insult the thousands of good and great teachers working to bring out the best in our children. Good teachers don't need tenure, and bad teachers don't deserve it.
One of Georgia's greatest teachers is with us today.
Ken Almon teaches 5th grade at Norcross Elementary School. Ken is a winner of the Milken Award for excellence in education. The Milken Award is the Nobel Prize for educators. We are also honored that Mr. Almon's 5th grade class was able to join us today.
Look in on their classroom and you might find his students singing musical presentations of grammar and math facts, making imaginary journeys into space, studying bean plants through journal records, or harvesting a fall garden. Ken often hosts afternoon read-ins, all-day math and science sessions for students, and classes for parents to help them understand the concepts their children are learning. Ken, would you and your class please stand as we thank their teacher for giving his talents, energy, and love to the children of Georgia. Thank you. Not all of Georgia's best educators are teachers.
Some are also principals.
And one of them is Joan Akin.

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Joan runs the largest middle school in this country - and one of the best - Creekland Middle School in Lawrenceville.
In 1993, it was named a Georgia School of Excellence, and Joan became a Milken Award winner. Recognizing the special needs of adolescents, Joan works hard to make her school warm, welcoming, and secure for her students. These efforts have won her school an International Inviting School Award.
Joan, stand up. Thank you for being here today. And thank you for working so hard for Georgia children.
Ken and Joan have a number of things in common. They are two of Georgia's greatest educators.
They are devoted to our children.
They are Milken Award winners. And they both agree that ending tenure is good for Georgia students.
Why do we need to end teacher tenure?
Because it keeps those few bad teachers in the classroom - and the children in those classrooms are being denied the opportunity to learn.
Listen to this story a parent told me. His third-grade son came home one day with a 60 on a geography quiz.
Concerned about the grade, the parents set up a teacher conference.
On the test, students had to identify several features on a world map. One question asked students to label the equator, and the boy had written "equator" just above the line that ran from left to right across the center of the map. Although they knew that some things had changed since they were in school, the parents felt pretty sure that their son was right. When they asked the teacher about it, he pulled out the textbook and said, "You see, here the word 'equator' is written just below that line, so your son is wrong." The student had also written the words "Pacific Ocean" on the big blue stretch between Asia and South America.
But he had written it below the equator, and in the book the words "Pacific Ocean" appeared above the equator.
The teacher showed this to the parents and again said their son was wrong. It took a visit to the principal to change the student's grade.
But because of tenure that teacher still works in Georgia schools today.
Most of the time, tenure means that a principal doesn't even try to dismiss a bad teacher - because, even if the principal bucks the odds and succeeds, the cost in time and money is staggering.

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A national study a few years ago found that, on average, it takes two to three years to dismiss a tenured teacher, and each case costs taxpayers about $60,000.
Heaven knows, I have no problem with lawyers making a living.
But not at the cost of our children's future.
A county school administrator recently told me a story about how much tenure costs taxpayers.
One day a teacher, upset about a new school policy, barged into his principal's office in protest.
Still unhappy, the teacher stormed away from school, leaving his class unattended and no lesson plans for someone to take his place.
Now this is clearly a teacher who is not stable enough to have responsibility for 30 children.
The superintendent scheduled a hearing with the county school board to dismiss the teacher.
After a three-day hearing - and that alone cost thousands of dollars - the board fired the teacher.
But that's not the end of the story.
The teacher appealed the school board's decision to the State Board of Education.
Then he appealed the State Board's ruling to the Superior Court.
And he appealed that ruling to the United States District Court.
All of them agreed: This teacher should not be in the classroom.
But - because of tenure - it took four years and cost taxpayers $57,000 to get him out of the classroom. Let me give you one more reason to bring an end to tenure - and this one is the most important of all.
Study after study has found that teacher quality is the single most important factor in determining how well a child learns -- more important than student background, more important than class size, more important than spending per student.
Just one bad teacher can do irreparable damage to a child's education.
Researchers at the University of Tennessee found that two similar students - one with a three-year string of good teachers and the other with a three-year string of bad teachers - will be 50 to 60 percentile points apart on standardized tests at the end of those three years.
Tennessee researchers also found that if a poor-performing student in fourth grade has bad teachers for the next three years, he has only a 15 percent chance of passing the state's comprehensive 8th grade exam. But if that same student has three good teachers, his chances of passing the exam skyrocket to 60 percent.
Unless we make sure that our children have consistently good teachers, we are holding them back.
And let me tell you another thing. If Oregon is any guide, the number of bad apples we're talking about here is probably less than one per school.
When Oregon abolished tenure in its schools, in the first year the Portland School District brought about 90 educators - about one in 40 - up for special review and ultimately dismissed 30 teachers and four principals, less than one percent.

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Ending tenure didn't wreak havoc on their schools - it improved them.
Most of the educators who came up for special review were - with the county's help through staff development and training - able to improve and keep their jobs.
And the very few who were dismissed?
They're the teachers who don't really teach.
The kind of people who should not be in our classrooms.
The kind of people tenure protects.
Does the fact that I want to remove from the classroom the very few teachers who are failing our children mean that I am demonizing and condemning all the great teachers of this state?
Of course not.
And the special interests who make that claim have one goal: divide us to protect the status quo rather than uniting us to improve education.
Those are the facts about tenure. Now let me see if I can puncture some of the myths.
I read a piece in the paper last week where the author wrote: "Just as teachers do not simply abandon students who are not living up to their potential, the state should not abandon teachers who are not doing well."
That's an insult to every student, every parent, and every good and hardworking teacher in Georgia.
We have an obligation when our students aren't living up to their potential. That's why we're here today. Our obligation is to make their schools better.
And we also have a duty to the few teachers who can't or won't teach.
It's our duty to get them out of the classroom and get a teacher in there who can and will do the job.
Another myth is that ending tenure will let principals fire teachers for arbitrary or unjust reasons.
I don't apologize for trying to give principals - as well as parents and teachers - more local control over their schools. One of the central ideas of my education reform plan is to give more power to parents, teachers, and principals at the expense of the education bureaucracy.
But this in no way means giving principals absolute power. Like the rest of us, principals don't work in a vacuum. Superintendents, school boards, and school councils will be looking over their shoulders - especially on hiring and firing decisions.
The idea isn't to arbitrarily fire teachers - it's to weed out the teachers who are failing our students.
Another myth making the rounds is if we don't offer teachers tenure, then we won't be able to attract good teachers.
That's not been the case where tenure has been abolished. The two great educators we have here today will tell you that tenure is the last thing on their minds - teaching children is the first.
Finally, let me address one last myth: that elementary and high school teachers need job protections that no other profession gets in order to protect them from intellectual persecution.

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Now, in universities, tenure may serve a noble purpose, protecting and encouraging the free exchange of ideas even unpopular ones.

But spelling and geometry are not likely to provoke a raging controversy. And grammar isn't unpopular unless it's time to do homework or right before a big test.

Georgia's great teachers know all this.

So do the good ones.

Our principals know it too.

And so do Georgia's parents.

You can stand with the bureaucrats who say our schools are good enough, or you can join us in making them better.

You can stand with the special interests that want to protect the worst teachers, or you can join us in lifting up our good teachers for praise and reward.

You can be flagbearers for failure, or crusaders for change.

Make the right choice.

Because the future of Georgia's children is in your hands.

Thank you, and God bless you.

At 1:30 p.m. the President called the Senate to order.

The Calendar was resumed.

Senators Perdue of the 18th and Price of the 56th offered the following amendment:

Amend SR 411 by striking line 15 of page 2 and inserting in lieu thereof the following:

"been initially convicted of a felony, rather than allowing the people to elect a replacement for such a member of the General Assembly?'".

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

Y Balfour Y Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle
Cheeks Y Crotts N Dean Y Egan N Fort N Gillis

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

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

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Y Gingrey N Golden Y Guhl

Y Perdue N Polak

N Walker Y Williams

On the adoption of the amendment, the yeas were 23, nays 30, and the Perdue amendment was lost.

Senator Ragan of the 11th moved that Senator Meyer von Bremen of the 12th be excused. On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Meyer von Bremen was excused.

The report of the committee which was favorable to the adoption of the resolution was agreed to.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

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

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

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

On the adoption of the resolution, the yeas were 51, nays 3.

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

Senator Dean of the 31st moved that SR 411 be immediately transmitted to the House.

The motion prevailed, and SR 411 was immediately transmitted.

HB 670.

By Representatives Harbin of the 113th, Golick of the 30th, Channell of the 111th, Graves of the 125th and Parrish of the 144th:

A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance generally, so as to provide for required information to be provided on certain health policy insurance cards; and for other purposes.

Senate Sponsor: Senator Golden of the 8th.

The Senate Insurance and Labor Committee offered the following substitute to HB 670:

A BILL

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217

To be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance generally, so as to provide for required information to be provided on certain health policy insurance cards; 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.
Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance generally, is amended by adding immediately following Code Section 33-24-57, relating to certain prohibitions on health insurance coverage termination, a new Code section to read as follows:
"33-24-57.1.
(a) As used in this Code section, the term:
(1) 'Health policy' means any health care plan, dental plan, subscriber contract, or other policy plan or contract by whatever name called, including without limitation any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45; other than a disability income policy, a long-term care insurance policy, a medicare supplement policy, a health insurance policy written as a part of workers' compensation equivalent coverage, a specified disease policy, a credit insurance policy, a hospital indemnity policy, a limited accident policy, or other type of limited accident and sickness policy.
(2) 'Insurer' means a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance corporation, provider sponsored health care corporation, any similar entity authorized to issue contracts under this title, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45.
(b) Each insurer writing a health policy in this state shall provide subscribers of such policies with an insurance identification card, which shall, at a minimum, contain the following preprinted, not handwritten, information:
(1) The subscriber's name and:
(A) The names of all other persons included under the subscriber's coverage; or
(B) If a separate card is issued for each person included under the subscriber's coverage, the name of the covered person for whom such card is issued may be listed in lieu of the information required by subparagraph (A) of this paragraph;
(2) The subscriber's identification number;
(3) The group number, if applicable;
(4) The effective date of coverage;
(5) The name of the subscriber's primary care physician, if applicable;
(6) The name of the subscriber's insurer, the name of the health plan, and the plan type or product name, if applicable;
(7) The address of the office where claims are to be filed;
(8) The insurer's contact phone numbers and the phone number for coverage confirmation and preauthorization, if applicable;

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(9) The policy's requirements as to copayments, coinsurance payments, or deductibles, as applicable; and
(10) Either the name of the primary hospital and of the laboratory and radiology services to be used or a toll-free or local telephone number for contacting the health plan and obtaining such information. Such a toll-free or local telephone number shall be available to health care providers and consumers to obtain eligibility and coverage information from at least 7:00 A.M. until 9:00 P.M. daily on Monday through Friday, whether staffed by a live person or via an automated phone-line basis.
(c) Any insurance identification card which contains the information required by subsection (b) of this Code section in preprinted form may, at the option of the insurer, additionally contain such information encoded on a magnetic strip on the card.
(d) In addition to the information required by subsection (b) of this Code section, each insurance identification card provided under this Code section shall contain prescription drug coverage information, if applicable. Information provided pursuant to this subsection shall include:
(1) BIN number;
(2) Processor control number, if applicable; and
(3) Pharmacy help desk telephone number and names.
(e) So as to ensure that insurance identification cards issued under this Code section contain accurate and updated information, each insurer shall provide each subscriber with a new insurance identification card whenever any information required to be on the card is changed not later than 60 days after such change becomes effective."
SECTION 2.
This Act shall become effective on July 1, 2000, and shall apply to all policies issued, delivered, issued for delivery, or renewed on or after such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Stephens of the 51st offered the following amendment:
Amend the Senate Insurance and Labor Committee substitute to HB 670 by striking lines 9 and 10 of page 3 and inserting in lieu thereof the following:
"insurer, additionally contain at least such information encoded on a magnetic strip or other electronic memory card.
" By striking line 26 of page 3 and inserting in lieu thereof the following:
"effective. If the insurer issues annual renewal cards, it may issue a temporary sticker containing the new information in lieu of issuing a new card prior to the annual renewal date. Such sticker shall be so designed that it can be attached to the existing card.'"
On the adoption of the amendment, the yeas were 31, nays 0, and the Stephens amendment was adopted.
On the adoption of the substitute, the yeas were 37, nays 1, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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219

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable E Meyer v Bremen Y Perdue Y Polak

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

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

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

HB 1113. By Representatives Holmes of the 53rd, Hudson of the 120th, Dodson of the 94th and others:

A bill to be entitled an Act to amend Part 3 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election superintendents, so as to require counties to provide election returns to the Secretary of State in an electronic format within a certain time frame for certain elections; to provide for a two step phase-in of this requirement; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Starr of the 44th.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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 Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable E Meyer v Bremen Y Perdue

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

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Y Golden Y Guhl

Y Polak

Y Williams

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

The bill, having received the requisite constitutional majority, was passed. HR 757. By Representatives Mosley of the 171st, Murphy of the 18th, McClinton of the 68th and others:

A resolution recognizing the 20th Century as the Century of Women in the United States; and for other purposes.

Senate Sponsor: Senator Walker of the 22nd.

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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable E Meyer v Bremen Y Perdue Y Polak

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

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

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

The following communication was received by the Secretary:

I did not make it to my desk in time to vote yes for HR 757.
/s/ Connie Stokes 43rd District
Senator Walker of the 22nd moved that the Senate adjourn until 9:30 a.m. tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 3:03 p.m.

Friday, February 4, 2000

221

Senate Chamber, Atlanta, Georgia Friday, February 4, 2000
Thirteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 a.m. today and was called to order by Senator Starr of the 44th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

HB 1134.

By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:
A bill to amend Code Section 48-7-29.3 of the Official Code of Georgia Annotated, relating to a state income tax credit for certain federal qualified transportation fringe benefits, so as to change certain provisions regarding the amount of such credit.

HB 1219.

By Representatives Jamieson of the 22nd, Smyre of the 136th, Benefield of the 96th and others:
A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide that the requirements thereof shall not apply to dealers of certain heavy equipment.

HB 1159.

By Representatives Birdsong of the 123rd, Buck of the 135th, Royal of the 164th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion.

HB 1137.

By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" end thereby to incorporate provisions of federal law into Georgia law.

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HB 453.

By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that service as a senior judge of the probate court shall not affect a member's ability to receive a benefit under such retirement fund.

HB 1221.

By Representatives Powell of the 23rd, Hanner of the 159th, Buck of the 135th and others:
A bill to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to authorize the owner or operator of a building containing four or more residential units to charge tenants separately for water service based upon usage; to provide that such an owner or operator shall not be considered the owner or operator of a public water system or a public utility.

HB 1157.

By Representatives Stuckey of the 67th, Martin of the 47th, Walker of the 141st and others:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to provide that certain clerks of probate court shall deposit cash bonds transferred by the sheriff into interest-bearing trust accounts; to provide that interest from such funds shall be remitted to the Georgia Indigent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 816.

By Representatives Scarlett of the 174th, Hanner of the 159th, Lane of the 146th and others:

A resolution urging the National Oceanic and Atmospheric Administration to adopt a new management plan which keeps Gray's Reef open for public fishing and enjoyment.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 408. By Senators Kemp of the 3rd and Meyer von Bremen of the 12th:

A bill to be entitled an Act to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common carriers, so as to allow filing a certificate of insurance in lieu of a bond for the protection of the public and of passengers and baggage or for the owner or person entitled to recover for loss of or damage to freight; to provide for filing by the insurer and the effect of failure to file any form required by the commission; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance and Labor.

SB 409. By Senators Brush of the 24th, Marable of the 52nd and Cable of the 27th:

A bill to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of disclosure of public records, so as to provide an exception with respect to any test or examination used by a public body to evaluate student performance or employee aptitude; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Rules.

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223

SB 410. By Senators Tate of the 38th, Walker of the 22nd, Marable of the 52nd and others:
A bill to be entitled an Act to amend Code Section 49-4A-12 of the Official Code of Georgia Annotated, relating to the designation of the Department of Juvenile Justice as a special school district, so as to provide for the implementation of a vocational education program within this special school district; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
SB 411. By Senators Huggins of the 53rd, Gingrey of the 37th, Starr of the 44th and others:
A bill to be entitled an Act to amend Article 8 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Teachers Retirement System of Georgia, so as to provide that Code Section 47-3-140, relating to the application of state funded pension or retirement benefits to members of such retirement system, shall apply to any supplemental retirement fund established after July 1, 2000, by the Board of Regents of the University System of Georgia; to amend Chapter 1 of Title 20, relating to general provisions relative to education, so as to repeal the authority of the board of regents to establish such a supplemental retirement system after a certain date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 412. By Senators Tanksley of the 32nd and Thompson of the 33rd:
A bill to be entitled an Act to amend Chapters 13 and 18 of Title 15 of the Official Code of Georgia Annotated, relating respectively to officers of the court and prosecuting attorneys, so as to authorize prosecuting attorneys to assess certain costs and fees; to authorize prosecuting attorneys to create and administer Pretrial Intervention and Diversion Programs; to provide for the purpose of such programs and the selection of offenders for such programs; to provide for restitution; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 413. By Senators Tanksley of the 32nd, Thompson of the 33rd and Hecht of the 34th:
A bill to be entitled an Act to amend Code Section 16-14-7 of the Official Code of Georgia Annotated, relating to forfeiture proceedings involving racketeer influenced and corrupt organizations, so as to change a provision relating to the disposition of net proceeds from such a forfeiture; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 414. By Senators Tanksley of the 32nd, Thompson of the 33rd and Hecht of the 34th:
A bill to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide that a magistrate or superior court judge may consent to the interception, recording, and divulging of a child's wire, oral, or electronic communication; to provide for parental or guardian's consent on the child's behalf to such interception, recording, and divulging of a child's wire, oral, or electronic communication; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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SB 415. By Senators Tanksley of the 32nd, Thompson of the 33rd, Johnson of the 1st and Crotts of the 17th:
A bill to be entitled an Act to amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, so as to repeal a provision which makes out-of-statebail jumping to avoid appearing in court with regard to specified misdemeanors a felony; to make editorial changes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SR 511. By Senators Brush of the 24th, Harbison of the 15th, Hooks of the 14th and others:
A resolution memorializing the Congress and the President to enact legislation that recognizes the necessity of the United States government maintaining its commitment to America's military retirees by providing lifetime health care for those over the age of 65 years, that requires opening the Federal Employees Health Benefit Program to eligible uniformed armed services beneficiaries, and that addresses in any other appropriate way the concerns expressed in this resolution; and for other purposes.
Referred to the Committee on Rules.
The following bills and resolution of the House were read the first time and referred to committees:
HB 453. By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that service as a senior judge of the probate court shall not affect a member's ability to receive a benefit under such retirement fund; and for other purposes.
Referred to the Committee on Retirement.
HR 816. By Representatives Scarlett of the 174th, Hanner of the 159th, Lane of the 146th and others:
A resolution urging the National Oceanic and Atmospheric Administration to adopt a new management plan which keeps Gray's Reef open for public fishing and enjoyment; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1134. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:
A bill to be entitled an Act to amend Code Section 48-7-29.3 of the Official Code of Georgia Annotated, relating to a state income tax credit for certain federal qualified transportation fringe benefits, so as to change certain provisions regarding the amount of such credit; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1137. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:
A bill to be entitled an Act to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for other matters related to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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225

Referred to the Committee on Finance and Public Utilities.
HB 1157. By Representatives Stuckey of the 67th, Martin of the 47th, Walker of the 141st and others:
A bill to be entitled an Act to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to provide that certain clerks of probate court shall deposit cash bonds transferred by the sheriff into interest-bearing trust accounts; to provide that interest from such funds shall be remitted to the Georgia Indigent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17; to provide for the remittance of certain information; to provide for exemptions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1159. By Representatives Birdsong of the 123rd, Buck of the 135th, Royal of the 164th and others:
A bill to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1219. By Representatives Jamieson of the 22nd, Smyre of the 136th, Benefield of the 96th and others:
A bill to be entitled an Act to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide that the requirements thereof shall not apply to dealers of certain heavy equipment; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1221. By Representatives Powell of the 23rd, Hanner of the 159th, Buck of the 135th and others:
A bill to be entitled an Act to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to authorize the owner or operator of a building containing four or more residential units to charge tenants separately for water service based upon usage; to provide that such an owner or operator shall not be considered the owner or operator of a public water system or a public utility; to limit the amount that such an owner or operator may charge tenants for water service and provide for disclosure of the terms of such charges; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
The following committee reports were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 330. Do pass. SB 331. Do pass. SR 467. Do pass. SR 478. Do pass. HB 1141. Do pass.

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Respectfully submitted, Senator Ragan of the 11th District, Chairman

Mr. President:

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

SB 297. Do pass by substitute.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

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

HB 265. Do pass by substitute. HB 1171. 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 has instructed me to report the same back to the Senate with the following recommendations:

SB 291. Do pass. SB 292. Do pass. SB 295. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

The Committee on Veterans and Consumer Affairs 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 172. Do pass by substitute.

Respectfully submitted, Senator Harbison of the 15th District, Chairman

The following bills and resolution were read the second time:

SB 69 SB 267 SB 318 SB 327 SB 343 SB 347 SB 377 SB 383

SB 389 SB 390 SR 204 HB 206 HB 654 HB 1046 HB 1124 HB 1148

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Senator Johnson of the 1st moved that Senator Williams of the 6th be excused. On the motion, the yeas were 25, nays 0; the motion prevailed, and Senator Williams was excused.

Senator Stephens of the 51st moved that Senator Brush of the 24th be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Brush was excused.

The roll was called and the following Senators answered to their names:

Bowen Broun Brown Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden

Guhl Hecht Hooks Huggins Jackson James Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer v Bremen

Perdue Polak Price,T Ragan Ray Smith Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,N Thompson

Those not answering were:

Balfour Blitch Brush (excused) Harbison Hill Price, R. Scott Starr (presiding) Thomas, R. Walker Williams (excused)

The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:

Senators: Price of the 28th Blitch of the 7th

The members pledged allegiance to the flag.

Prayer was offered by Pastor Omer Reid of Milledgeville, Georgia.

The following resolutions were read and adopted:

SR 510. By Senator Hooks of the 14th:

A resolution commending the Georgia Peach Festival; and for other purposes.

SR 512. By Senators Polak of the 42nd, Lamutt of the 21st, Golden of the 8th and others:

A resolution commending William J. Todd; and for other purposes.

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SR 513. By Senator Broun of the 46th:
A resolution recognizing dental hygienists and Dental Hygienists' Appreciation Day; and for other purposes.
Senator Polak of the 42nd recognized members of the National Guard in honor of Georgia National Guard Day, commended by SR 494, adopted previously.
The President assumed the Chair.
Senator James of the 35th moved that the following bill be withdrawn from the Ethics Committee and committed to the State and Local Governmental Operations (General) Committee:
SB 358. By Senator James of the 35th:
A bill to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that registered political bodies may nominate candidates for all offices; to provide a short title; to provide for purpose and legislative intent; to change the provisions relating to procedures for qualification of candidates generally; to change the provisions relating to nomination of candidates by petition; to change the provisions relating to nomination of presidential electors and candidates of political bodies by convention; to change the provisions relating to nomination of candidates of political bodies for public office by convention; to provide for related matters; to repeal conflicting laws; and for other purposes.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 358 was withdrawn from the Ethics Committee and committed to the State and Local Governmental Operations (General) Committee.

Senator Bowen of the 13th moved that the following bill be withdrawn from the Public Safety Committee and committed to the Judiciary Committee:

SB 308.

By Senators Scott of the 36th, Walker of the 22nd, Egan of the 40th, Broun of the 46th, Land of the 16th, Polak of the 42nd, Kemp of the 3rd and others:

A bill to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices in general, so as to provide that it shall be unlawful for any person negligently to allow a minor to obtain possession of a pistol or revolver; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 308 was withdrawn from the Public Safety Committee and committed to the Judiciary Committee.

The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR

Friday, February 4, 2000 Thirteenth Legislative Day

(The names listed with the bills are the Senators whose districts are affected by the legislation.)

Friday, February 4, 2000

229

PURSUANT TO ARTICLE VII, SECTION II, PARAGRAPH IV OF THE CONSTITUTION, THE FOLLOWING LOCAL BILL RELATING TO HOMESTEAD EXEMPTIONS REQUIRES A TWO-THIRDS ROLL-CALL VOTE FOR PASSAGE:

SB 291

Ladd of the 41st Price of the 56th Balfour of the 9th Burton of the 5th Ray of the 48th GWINNETT COUNTY
A bill to be entitled an Act to provide for a homestead exemption from certain Gwinnett County School District ad valorem taxes for educational purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to the current owner; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

SB 292

Ladd of the 41st Price of the 56th Balfour of the 9th Burton of the 5th Ray of the 48th GWINNETT COUNTY

A bill to be entitled an Act to provide for a homestead exemption from certain Gwinnett County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown E Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate

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Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker E Williams

On the passage of the local bills, the yeas were 51, nays 0.

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

Senator Balfour of the 9th gave notice that, at the proper time, he would move that the Senate reconsider its action on SB 291 and SB 292.

SENATE CALENDAR

Friday, February 4, 2000 THIRTEENTH LEGISLATIVE DAY

SB 333 HB 115

Water Treatment Plant Operators- examinations for Class IV operators (Amendment)(Nat R-47th)
Driver's license or permit; provide for replacement issuance (Pub Saf-21st) Wiles-34th (ENGROSSED IN HOUSE)

HB 496 Special plates and parking; handicapped persons; amend provisions (F&PU-4th) Martin-145th

HB 552 State court judges; qualifications; increase experience requirement (Judy-3rd) Davis-60th

HB 1161 HR 268

Supplemental appropriations; FY 1999-2000; health insurance plans (Approp-14th) Murphy-18th CA: State court judges; increase law practice requirement (Judy-3rd) Davis-60th

SB 316 Wiretapping, Eavesdropping, Etc.-use of cameras, video equipment (Substitute) (Judy-12th)

SB 317 Used Motor Vehicle Dealer-definition not include certain churches (Substitute) (F&PU-31st)

SB 334

Essential Rural Health Care Provider Access Act-eliminate exemption for health maintenance organizations (I&L-47th)

SB 340 County Boards of Tax Assessors-provisions on tax digest nonapproval (Substitute) (F&PU-44th)

SB 342 Motorcycle Headgear, Eye-Protective Devices-certain violations not criminal act (Pub Saf-24th)

SB 344 SB 356

Motor Vehicle Insurance-raise minimum liability coverage (I&L-47th) Crime Information Center-audits of crime reporting practices (Pub Saf-12th)

SB 365 Drivers' Licenses-increase of fees, expiration in sixth year (Pub Saf-12th) (ENGROSSED)

HB 171

Rape prevention and personal safety; Department of Education establish course (Substitute) (H Ed-27th) Pelote-149th

HB 260 Medical scholarships; rural health care; amend provisions (Amendment) (H Ed-4th) Channell-111th

HB 408 Methamphetamine; trafficking; bailable only before superior court (Judy-3rd) Barnes-97th

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231

HB 566 State employees' health insurance plan; include certain public retirees (Ret-5th) Cummings-27th

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

SB 333. By Senators Madden of the 47th and Gillis of the 20th:

A bill to be entitled an Act to amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, so as to remove a prohibition on examinations for Class IV operators and laboratory analysts; to repeal conflicting laws; and for other purposes.
The Senate Natural Resources Committee offered the following amendment:

Amend SB 333 by striking line 18 of page 1 and inserting in lieu thereof the following:

"analysts except for applications submitted prior to July 1, 2000, for Class IV level certifications. Such examinations shall".

On the adoption of the amendment, the yeas were 41, 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 Y Brown E Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks
Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

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

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

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

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

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

SB 176.

By Senators Land of the 16th, Meyer von Bremen of the 12th and Hecht of the 34th:
A bill to amend Titles 9 and 15 of the Official Code of Georgia Annotated, relating respectively to civil practice and the courts, so as to provide for a system of gathering, processing, transmission, compilation, and analysis of information relating to civil and criminal cases; to provide for the design,

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completion, and filing of case filings and dispositions information forms; to provide for assistance of the clerk of the court for unrepresented parties; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act To amend Titles 9 and 15 of the Official Code of Georgia Annotated, relating respectively to civil practice and the courts, so as to provide for a system of providing, transmission, compilation, and analysis of information relating to civil cases; to provide for the filing of civil case filing and disposition forms; to set out such forms; to provide for legible typing, printing, or stamping of the judge's name and title on judgments; to provide for instances of sealed information; to provide for duties and authority of the Georgia Courts Automation Commission relating to a courts automation system; to provide for authority and duties of clerks of the superior courts and state courts, The Council of Superior Court Clerks of Georgia, the Administrative Office of the Courts, the Georgia Courts Automation Commission, and the Georgia Superior Court Clerks' Cooperative Authority relating to civil case information; to provide for ownership of certain data; to provide for applicability; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in its entirety Code Section 9-11-3, relating to commencement of actions, and inserting in its place the following:
"9-11-3.
(a) A civil action is commenced by filing a complaint with the court.
(b)_At the time of filing the complaint for a civil action in Superior court or State court, or as soon as practicable thereafter, the plaintiff shall file the appropriate civil case filing form with the clerk of the court. The form shall be substantially in the form prescribed in Code Section 9-11-133. The filing of the complaint shall not be delayed for the filing of the case filing form."
SECTION 2.
Said title is further amended by striking in its entirety Code Section 9-11-58, relating to entry of judgment, and inserting in its place the following:
"9-11-58.
(a) Signing. Except when otherwise specifically provided by statute, all judgments shall be signed by the judge and filed with the clerk. The signature of the judge shall be followed by the spelling of the judge's name and title legibly typed, printed, or stamped. The failure of the judgment to have the typed, printed, or stamped name of the judge shall not invalidate the judgment.
(b) When judgment entered. The filing with the clerk of a judgment, signed by the judge, constitutes the entry of the judgment, and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of the same, as provided in this subsection. At the time of the filing of the final judgment, a civil case disposition form shall be filed by the prevailing party or by the plaintiff if the case is settled, dismissed, or otherwise disposed of without a prevailing party. The form shall be substantially in the form prescribed in Code Section 9-11-133. If any of the information required by the form is sealed by the court, the form shall state that fact and the information under seal shall not be provided. The entry of the judgment shall not be delayed for the taxing of costs or the filing of the case disposition form."
SECTION 3.

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233

Said title is further amended by adding after Code Section 9-11-132 a new Code section to be designated Code Section 9-11-133, to read as follows:
"9-11-133.
(a) The forms set out in subsections (b), (c), (d) and (e) or forms substantially similar to such forms are sufficient to meet the requirements for civil case filing and disposition forms. The civil case forms set out in Exhibit F of the 'Report and Recommendations of the 1997-1998 Court Filings Committee' published by the State Bar of Georgia and dated May 15, 1998, are substantially similar to the forms set out in this Code section.
(b) General Civil Case Filing Information Form.
GENERAL CIVIL CASE FILING INFORMATION FORM (NONDOMESTIC)

Court

___ Superior County ____________ Date filed __________

___ State

mm-dd-yyyy

Docket no. _______________________

Plaintiff(s) (last, suffix, first, middle initial, maiden) 1. _________________________ 2. _________________________ 3. _________________________ 4. _________________________

Defendant(s) (last, suffix, first, middle initial, maiden) 1. _________________________ 2. _________________________ 3. _________________________ 4. _________________________

Plaintiff/petitioner's attorney _______________________________ ___Pro Se Bar # __________

No. of plaintiffs __________

No. of defendants __________

CHECK PRIMARY CASE TYPE: (Check only ONE) __ Contract/Account __ Wills/Estate __ Real Property __ Dispossessory/Distress __ Personal Property __ Equity __ Habeas Corpus __ Appeals, Reviews __ Postjudgment Garnish-
ment, Attachment, or Other Relief __ Nondomestic Contempt __ Tort (If tort, fill in right column)

IF TORT IS CASE TYPE: (Check no more than TWO) __ Auto Accident __ Premises Liability __ Medical Malpractice __ Other Professional Negligence __ Product Liability __ Other (specify) _________ _________________________ Are punitive damages pleaded? ___ Yes ___ No

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__ Other General Civil (specify)_____________
______________________

(c) Domestic Relations Case Filing Information Form.

DOMESTIC RELATIONS CASE FILING INFORMATION FORM

Court

___ Superior County ____________ Date filed __________ mm-dd-yyyy

Docket no. _______________________

Plaintiff(s) (last, suffix,

Defendant(s) (last, suffix,

first, middle initial,

first, middle initial,

maiden)

maiden)

1. _________________________ 1. _________________________

2. _________________________ 2. _________________________

Plaintiff/Petitioner's attorney

_______________________________ __Pro Se

Bar #

__________

CHECK CASE TYPE:

FAMILY VIOLENCE

(one or more)

Additional information -

__ Divorce (includes

Ex Parte Relief

annulment)

___________________________

__ Separate Maintenance Did the initial pleading

__ Adoption

include a request for

__ Paternity (includes

relief:

legitimation)

1. From alleged family

__ Interstate Support

violence? __Yes __No

Enforcement Action

2. Was ex parte relief

__ Domestication of

requested? __Yes __No

Foreign Custody Decree 3. Was ex parte relief

__ Family Violence Act

granted? __Yes __No

Petition

MODIFICATION

__ Modification - Custody

and/or Visitation

__ Modification - Child

Support and Alimony

__ Modification - Child

Support

__ Modification - Alimony

CONTEMPT

__ Contempt - Custody

and/or Visitation

__ Contempt - Child

Support and Alimony

__ Contempt - Child Support

__ Contempt - Alimony

__ Other Domestic Contempt

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235

(d) General Civil Case Final Disposition Form.

GENERAL CIVIL CASE FINAL DISPOSITION FORM (NONDOMESTIC)

Court

___ Superior County ____________ Date

__________

___ State

Disposed mm-dd-yyyy

Docket no. _______________________

Reporting party ____________________ ____________________

(Name)

(Title)

Name of plaintiff/petitioner(s) _______________________________

Plaintiff/petitioner's attorney __Pro Se __________________________________ Bar # __________

Name of defendant/respondent(s) _______________________________

Defendant/respondent's attorney __Pro Se __________________________________ Bar # __________

TYPE OF DISPOSITION 1. __Pretrial Dismissal
(specify which type) A. __Involuntary B. __Voluntary (without
prejudice) C. __Voluntary (with
prejudice) 2. __Pretrial Settlement 3. __Default Judgment 4. __Summary Judgment 5. __Transferred/
Consolidated 6. __Bench Trial 7. __Jury Trial (specify
outcome further) A. __Dismissal after
jury selected B. __Settlement during
trial C. __Judgment on Verdict D. __Directed Verdict or
JNOV

AWARD 1. If verdict for plaintiff,
how much was awarded? $__________ compensatory $__________ punitive 2. If verdict on cross or
counter claims, how much was awarded? $__________ compensatory $__________ punitive 3. Did the court modify the award? ____Yes ____No 4. Were attorneys fees awarded? ____Yes ____No _____________________________
ADR 1. Was ADR utilized?
____Yes ____No 2. If yes, was it (check
if applicable): ___ court annexed?

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____________________________ 1. Judgment on verdict.
Was the verdict: A. __For plaintiff(s)(all) B. __For defendant(s)(all) C. __Other: (explain)_____
_______________________ _______________________

___ court mandated? 3. Did the matter settle after
trial for other than judgment? (If known at the time of this submission) ____Yes ____No

(e) Domestic Relations Case Final Disposition Information form.

DOMESTIC RELATIONS CASE FINAL DISPOSITION INFORMATION FORM

Court

___ Superior County ____________ Date disposed
Docket no. _______________________

__________ mm-dd-yyyy

Reporting party ____________________ ____________________

(Name)

(Title)

Name of plaintiff/petitioner(s) _______________________________

Plaintiff/petitioner's attorney __Pro Se _________________________________ Bar # __________

Name of defendant/respondent(s) _______________________________

Defendant/respondent's attorney __Pro Se _________________________________ Bar # __________

TYPE OF DISPOSITION
Dismissed Without Final Order
A.__Voluntary (by parties)
B.__Involuntary (by court)
2.__Pretrial Settlement 3.__Judgment on the
Pleadings 4.__Summary Judgment 5.__Trial A. Bench Trial B. Jury Trial
1. __Dismissal after jury selected

RELIEF GRANTED (Check all that apply)
1. __Ex Parte Relief 2. __Temporary Relief 3. __Final Relief
A. __Divorce/Annulment/ Separate Maintenance
B. __Child Custody C. __Visitation D. __Child Support E. __Legitimation/
Paternity F. __Alimony G. __Contempt H. __Equitable Division I. __Restraining Order
___Person ___Property

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237

2. __Settlement during trial
3. __Judgment on Verdict
4. __Directed Verdict or JNOV

J. __Adoption K. __Other (specify)_____
______________________ 4. __Dismissed prior to
granting of relief. _____________________________
ADR 1. Was mediation utilized?
____Yes ____No 2. If yes, was it (check if
applicable): __court annexed? __court mandated?"

SECTION 4.
Title 15 of the Official Code of Georgia Annotated, relating to the courts, is amended by striking in its entirety Code Section 15-5-24, relating to the duties of the Administrative Office of the Courts, and inserting in lieu thereof the following:
"15-5-24.
Under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties:
(1) Consult with and assist judges, administrators, clerks of court, and other officers and employees of the court pertaining to matters relating to court administration and provide such services as are requested;
(2) Examine the administrative and business methods and systems employed in the offices related to and serving the courts and make recommendations for necessary improvement;
(3) Compile statistical and financial data and other information on the judicial work of the courts and on the work of other offices related to and serving the courts, which data and information shall be provided by the courts;
(4)_Analyze data relating to civil cases collected pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58 and provide such data, analysis, or both data and analysis to the courts and agencies of the judicial branch, agencies of the executive branch, and the General Assembly;
(4)(5) Examine the state of the dockets and practices and procedures of the courts and make recommendations for the expedition of litigation;
(5)(6) Act as fiscal officer and prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system;
(6)(7) Formulate and submit recommendations for the improvement of the judicial system;
(7)(8) Perform such additional duties as may be assigned by the Judicial Council; and
(8)(9) Prepare and publish an annual report on the work of the courts and on the activities of the Administrative Office of the Courts."
SECTION 5.
Said title is further amended by striking in its entirety Code Section 15-5-82, relating to the duties of the Georgia Courts Automation Commission, and inserting in lieu thereof the following:

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"15-5-82.
(a) The commission shall be authorized to:
(1) Define, implement, and administer a state-wide courts automation system based on but not limited to the existing Georgia Online (GO) Network administered by the commissioner of administrative services, including data collection and entry into the system, networking, data storage, and processing, and information retrieval, processing, and distribution;
(2)_Coordinate and cooperate with the state's chief information officer with regards to planning, implementation, and administration of a state-wide courts automation system to take advantage of existing state resources where possible;
(3)_Receive electronic data from the civil case filing and disposition forms that are required to be filed in civil cases pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58 and that are transmitted to the commission by the Georgia Superior Court Clerks' Cooperative Authority in a format and media agreed to by the commission and the authority;
(4)_Compile the civil filings and dispositions data, and provide such data to the the Administrative Office of the Courts;
(5)_Participate in agreements, contracts, and networks necessary or convenient for the performance of the duties specified in this paragraph and paragraphs (2), (3), and (4) of this subsection and for the release of the information from civil case filing and disposition forms;
(2)(6) Administer federal, state, local, and other public or private funds made available to it for implementation of the courts automation system;
(3)(7) Coordinate state-wide strategies and plans for incorporating county and local governments into the courts automation system, including review of requirements of the several state agencies for documents, reports, and forms and the consolidation, elimination, or conversion of such documents, reports, and forms to formats compatible with electronic transmittal media;
(4)(8) Establish policies and procedures, rules and regulations, and technical and performance standards for county and local government access to the courts automation system network; and
(5)(9) Offer advisory services to county and local governments to assist in guiding their efforts towards toward automating their court procedures and operations.
(b) The chairman chairperson of the commission may designate and appoint committees to perform such functions as he or she may determine to be necessary. The commission may, either by itself or through such committees, hold hearings, conduct investigations, and take any other action necessary or desirable to implement the courts automation system in a deliberate, effective, and timely manner. The commission shall make an annual report of its progress to the Chief Justice, the Governor, the President of the Senate, and the Speaker of the House of Representatives.
(c) The commission may use the funds available to it for providing to the courts judicial branch, officials, authorities, agencies, or instrumentalities of this state or a political subdivision of this state access to data bases which are :
(1) Beneficialbeneficialto the operation of the courts; or
(2) Accessible through the Georgia Online (GO) Network and are accessible through the commission or through the GeorgiaNet Authority, provided that access to any such data base shall be conditioned upon the consent of the

Friday, February 4, 2000

239

department, agency, or other entity having the right to grant such access. The commission may also expend funds to upgrade components of the Georgia Online (GO) Network as necessary for appropriate access thereto to such data bases by the courts.
(d) Nothing in this article shall be so construed as to require any office of a court to accept additional workload generated by establishment of an electronic transfer of information capability from any other office of the county or local government, including court offices. Each such office shall continue to have sole responsibility for transmitting information required of it, either manually or electronically."
SECTION 6.
Said title is further amended in Code Section 15-6-61, relating to duties of clerks of the superior courts, by striking the word "and" at the end of paragraph (15) of subsection (a), designating paragraph (16) as paragraph (19) and inserting new paragraphs to be designated paragraphs (16), (l7), and (18) so that paragraphs (15) through (19) read as follows:
"(15) To participate in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 15-6-98, and any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning real estate data for any such information systems established by such authority so as to provide for public access to real estate information. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such real estate information concerning or evidencing title to real property or access to such information which is of record in the office of clerk of the superior court and which is necessary to establish and maintain the information system. Each clerk of the superior court shall provide and transmit real estate information to the authority for testing and operation of the information system at such times and in such form as prescribed by the authority; and
(16)_To file and transmit all civil case filing and disposition forms required to be filed pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58;
(17)_To transmit to the Superior Court Clerks' Cooperative Authority within 30 days of filing the civil case filing and disposition forms prescribed in Code Section 9-11-133;
(18)_To participate in agreements, contracts, and networks necessary or convenient for the performance of the duties provided in paragraphs (16) and (17) of this subsection; and
(16)(19) To perform such other duties as are or may be required by law or as necessarily appertain to the office of clerk of the superior court."
SECTION 7.
Said title is further amended in Code Section 15-6-94, relating to the Georgia Superior Court Clerks' Cooperative Authority, by striking in its entirety paragraph (3) of subsection (a) and inserting in lieu thereof the following:
"(3) The purpose of the authority shall be to provide a cooperative for the development, acquisition, and distribution of record management systems, information, services, supplies, and materials for superior court clerks of the state, on such terms and conditions as may be determined to be in the best interest of the operation of the office of the clerk of superior court, local government, and the state, in light of the following factors:
(A) The public interest in providing cost-efficient access to record management systems, information, services, supplies, and materials, and a pool which will provide related resources and uniformity;
(B) Cost savings to local government and the state, through efficiency in the provision of record management systems, information, services, supplies, and materials;

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(C) Fair and adequate compensation to local governments for costs incurred in the operation of the offices of clerks of superior court; and
(D) Such other factors as are in the public interest and welfare. The authority shall be the sole owner of its compiled and developed information compiled or developed through any function performed or any program or system administered by, or on behalf of, the authority. For the purposes of this subsection the authority shall not be considered the sole owner of information developed pursuant to Code Section 15-6-97.1."
SECTION 8.
Said title is further amended in Chapter 6, relating to superior courts, by adding a new Code section to be designated Code Section 15-6-97.1 to read as follows:
"15-6-97.1.
(a) The Georgia Superior Court Clerks' Cooperative Authority and The Council of Superior Court Clerks of Georgia, in agreement with the Georgia Courts Automation Commission and the Administrative Office of the Courts, shall participate in the development and operation of the civil case filing and disposition information system described in paragraph (4) of Code Section 15-5-24 and paragraphs (2), (3), (4), and (5) of subsection (a) of Code Section 15-5-82. The authority shall provide such data in electronic format to the Georgia Courts Automation Commission within three days of receipt. The media and format shall be determined by the authority and the commission.
(b) The authority shall have the power to use funds available and participate in agreements, contracts, and networks necessary or convenient for the performance of the duties described in subsection (a) of this Code section."
SECTION 9.
Said title is further amended in Article 3 of Chapter 7, relating to practice and procedure in state courts of counties, by inserting a new Code section to be designated Code Section 15-7-50 to read as follows:
"15-7-50.
Clerks of state courts are authorized and directed to:
(1) File and enter all civil case filing and disposition forms required to be filed pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58;
(2) Transmit to the Superior Court Clerks' Cooperative Authority within 30 days of filing the civil case filing and disposition forms prescribed in Code Section 9-11-133; and
(3) Participate in agreements, contracts, and networks necessary or convenient for the performance of the duties provided in paragraphs (1) and (2) of this Code section."
SECTION 10.
Sections 1, 2, and 3 of this Act are applicable to civil actions commenced in superior or state court on or after July 1, 2000.
SECTION 11.
All laws and parts of laws in conflict with this Act are repealed.

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241

Senator Land of the 16th moved that the Senate agree to the House substitute to SB 176.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown E 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 176.

The Calendar was resumed.

HB 115. By Representatives Wiles of the 34th, Parsons of the 40th, Powell of the 23rd, and others:

A bill to amend Code Section 40-5-31 of the Official Code of Georgia Annotated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the original issuance; and for other purposes.

Senate Sponsor: Senator Lamutt of the 21st.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean

Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate
Thomas,D

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Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Madden Y Marable Y Meyer v Bremen Y Perdue
Polak

Y Thomas,N Y Thomas,R Y Thompson Y Walker E Williams

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

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

HB 496. By Representatives Martin of the 145th, Day of the 153rd, Bunn of the 74th, and others:

A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the criteria for eligibility for special license plates for persons with disabilities; and for other purposes.

Senate Sponsor: Senator Hill of the 4th. Senators Hill of the 4th and Price of the 56th offered the following amendment:

Amend HB 496 by inserting the words "knowingly and" immediately before the word "willfully" on line 19 of page 1.

By inserting the words "knowingly and" immediately before the word "willfully" on line 40 of page 3 and line 30 of page 9.

On the adoption of the amendment, the yeas were 39, nays 0, and the Hill, Price of the 56th amendment was adopted.

Senators Dean of the 31st and Hill of the 4th offered the following amendment:

Amend HB 496 by striking "1999" on page 11, line 2 and adding "2000", On the adoption of the amendment, the yeas were 37, nays 0, and the Dean, Hill amendment was adopted.

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

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

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

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

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

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243

Y Gingrey Y Golden Y Guhl

Y Perdue Y Polak

Y Walker E Williams

On the passage of the bill, the yeas were 51, nays 0.

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

HB 552.

By Representatives Davis of the 60th, Martin of the 47th, Walker of the 141st and Campbell of the 42nd:

A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications for the office of judge of state court, so as to change the experience requirement for such office; and for other purposes.

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 N Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 49, nays 1.

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

HB 1161. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to provide supplementary appropriations for the health insurance plans for state and University System employees for the State Fiscal Year ending June 30, 2000, in addition to the appropriations made by the General Appropriations Act and any other appropriations; and for other purposes.

Senate Sponsor: Senator Hooks of the 14th.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 53, nays 0.

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

HR 268. By Representatives Davis of the 60th, Martin of the 47th, Walker of the 141st and others:

A resolution proposing an amendment to the Constitution so as to change the experience requirement for eligibility for the office of state court judge; and for other purposes.

Senate Sponsor: Senator Kemp of the 3rd.

A RESOLUTION

Proposing an amendment to the Constitution so as to change the experience requirement for eligibility for the office of state court judge; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article VI, Section VII, Paragraph II of the Constitution is amended by striking subparagraph (b) and inserting in its place a new subparagraph to read as follows:

"(b) State and juvenile court judges shall have been admitted to practice law for five seven years, provided that this requirement shall be five years in the case of state court judges elected or appointed in the year 2000 or earlier. Juvenile court judges shall have been admitted to practice law for five years."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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245

"(YES) (NO)

Shall the Constitution be amended so as to increase from five years to seven years the time for which state court judges must have been admitted to the practice of law?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown
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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the adoption of the resolution, the yeas were 48, nays 1.

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

SB 316. By Senators Meyer von Bremen of the 12th, Hecht of the 34th, Lee of the 29th and Kemp of the 3rd:

A bill to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of wiretapping, eavesdropping, surveillance, and related offenses, so as to revise and clarify provisions relating to such crimes; to provide more specifically for violations involving the use of cameras and photographic and video equipment; to change the definition of the term "device" as used in said part; to change provisions relating to unlawful observation, photographing, and recording of another in a private place; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 316:
A BILL
To be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of wiretapping, eavesdropping, surveillance, and related offenses, so as to revise and clarify provisions relating to such crimes; to provide more specifically for violations involving the use of cameras and photographic and video equipment; to change the definition of the term "device" as used in said part; to change provisions relating to unlawful observation, photographing, and recording of another in a private place; to

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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 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of wiretapping, eavesdropping, surveillance, and related offenses, is amended by striking paragraph (1) of Code Section 16-11-60, relating to definitions, and inserting in its place a new paragraph to read as follows:
"(1) 'Device' means an instrument or apparatus used for overhearing, recording, intercepting, or transmitting sounds or for observing, photographing, recording, or transmitting visual images and which involves in its operation electricity, electronics, or infrared, laser or similar beams , but not including. Without limiting the generality of the foregoing, the term 'device' shall specifically include any camera, photographic equipment, video equipment, or other similar equipment but shall not include merely focusing, lighting, illuminating equipment, optical magnifying equipment, or a device commonly referred to as an 'individual hearing aid,' and not including a 'pen register' or 'trap and trace device' as defined in this Code section."
SECTION 2.
Said part is further amended by striking Code Section 16-11-62, relating to unlawful invasions of privacy, and inserting in its place a new Code section to read as follows:
"16-11-62.
It shall be unlawful for:
(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place;
(2) Any person, through the use of any instrument or apparatus device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful:
(A) To to use any camera, photographic equipment, videotape equipment, or other devices device to observe, photograph, or record the activities of persons incarcerated in any jail, correctional institution, or any other facility in which persons who are charged with or who have been convicted of the commission of a crime are incarcerated, provided that such equipment shall not be used while the prisoner is discussing his or her case with his or her attorney; or
(B) To use for customary security purposes, crime prevention, or crime detection, any device to observe, photograph, or record the activities of persons who are in public or semipublic locations where they have no reasonable expectation of privacy;
(3) Any person to go on or about the premises of another or any private place for the purpose of invading the privacy of others by eavesdropping upon their conversations or secretly observing their activities;
(4) Any person intentionally and secretly to intercept by the use of any device, instrument, or apparatus the contents of a message sent by telephone, telegraph, letter, or by any other means of private communication;
(5) Any person to divulge to any unauthorized person or authority the content or substance of any private message intercepted lawfully in the manner provided for in Code Section 16-11-65; or
(6) Any person to commit any other acts of a nature similar to those set out in paragraphs (1) through (5) of this Code section which invade the privacy of another."

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SECTION 3.

This Act shall become effective July 1, 2000, and shall apply with respect to offenses committed on or after that effective date. This Act shall not affect or abate the status as a crime of any offense committed prior to that effective date, nor shall the prosecution of such crime be abated as a result of this Act.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, 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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

SB 30.

By Senators James of the 35th and Butler of the 55th:

A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.

The House substitute was as follows:

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A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools; to provide for suction hazard reduction; to provide for the applicability of said provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as "Michelle's Law."
SECTION 2.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Chapter 43 to read as follows:
"CHAPTER 43
31-43-1.
The purpose of this chapter is to protect the public health and safety through the proper design, operation, and maintenance of public swimming pools.
31-43-2.
As used in this chapter, the term 'public swimming pool,' 'swimming pool,' or 'pool' means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, or motel pools and any pool to which access is granted in exchange for payment of a daily fee. This chapter shall not apply to a private pool or hot tub serving a single family dwelling and used only by the residents of the dwelling and their guests. This chapter also shall not apply to apartment complex pools, therapeutic pools used in physical therapy programs operated by medical facilities licensed by the department or operated by a licensed physical therapist nor to therapeutic chambers drained, cleaned, and refilled after each individual use nor to religious ritual baths used solely for religious purposes.
31-43-3.
(a) On or after July 1, 2000, a permit shall be obtained from the county board of health in the county in which a public swimming pool is located prior to construction or continued operation of a public swimming pool. When the ownership of a public swimming pool changes or if the pool is leased by the owner, it shall be the responsibility of the new owner or lessee to secure a permit issued in his or her name.
(b) Unless suspended or revoked, a swimming pool operation permit shall be valid for the period of operation specified in the application, but in no event shall it be valid for more than 12 months.
(c) A fee not to exceed $50.00, will be levied on applicant.
31-43-4.

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249

A separate application for an operation permit must be submitted for each public swimming pool. The owner or operator shall apply annually to the county board of health for an operator's permit. A form must be obtained from the county board of health to provide:
(1) The owner's name, address, and telephone number;
(2) The operator's name, address, and telephone number;
(3) The street address of the public swimming pool;
(4) The physical location of the public swimming pool;
(5) The type of public swimming pool;
(6) The construction date, if applicable;
(7) The proposed operating dates;
(8) The type of disinfection; and
(9) The signature of the owner or a designated representative of the owner.
31-43-5.
Construction of public swimming pools and additions and alterations to such pools may start only upon issuance and receipt of a permit pursuant to Code Section 31-43-3 and shall be in compliance with plans and data submitted in accordance with Code Section 31-43-4 and other data approved by the county board of health of the county in which each pool is located.
31-43-6.
A permittee shall notify the county board of health at the time of completion of the construction of a public swimming pool to permit inspection before the pool is placed in operation.
31-43-7.
Each public swimming pool shall be inspected by the county board of health to determine compliance with this chapter and with the rules and regulations adopted by the Department of Human Resources. Pools which open on or after April 1 and which close on or before October 31 shall be inspected at least once during the period of operation. All other pools shall be inspected at least twice a year.
31-43-8.
A permit for a public swimming pool may be suspended or revoked by the county board of health for failure to comply with the provisions of this chapter and the rules and regulations adopted by the Department of Human Resources.
31-43-9.
Public swimming pools constructed or remodeled prior to July 1, 2000, that do not meet specific design and construction requirements of the rules for public swimming pools adopted by the Department of Human Resources shall not be required to comply with design and construction requirements other than requirements related to the abatement of suction hazards. Public swimming pools constructed or remodeled prior to July 1, 2000, shall comply with all other rules for public swimming pools adopted by the Department of Human Resources by July 1, 2002.

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(b) No single drain, single-suction outlet public swimming pool shall be allowed to operate unless a protective cover is properly installed.

31-43-10.

Each county board of health and its duly authorized agents are authorized and empowered to enforce compliance with the provisions of this chapter and the rules and regulations relating to public swimming pools adopted and promulgated by the Department of Human Resources and, in connection therewith, to enter upon and inspect the premises of a public swimming pool at any reasonable time and in a reasonable manner.

31-43-11.

The provisions of this chapter shall not apply in any county where local rules and regulations governing public swimming pools are in effect on the effective date of this chapter, or in any county that has not adopted the provisions of this chapter by ordinance or resolution."

SECTION 3.

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

Senator James of the 35th moved that the Senate disagree to the House substitute to SB 30.

Senator Balfour of the 9th moved that the substitute to SB 30 be printed.

On the motion, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks N 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 Y Johnson,E N Kemp Y Ladd Y Lamutt N Land Y Lee N Madden N Marable N Meyer v Bremen N Perdue N Polak

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

On the motion, the yeas were 15, nays 38; the motion to print was lost, and the substitute was not printed.
On the motion to disagree, the yeas were 37, nays 7; the motion prevailed, and the Senate disagreed to the House substitute to SB 30.
The Calendar was resumed. SB 317. By Senators Dean of the 31st, Ray of the 48th and Marable of the 52nd:

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251

A bill to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions regarding Chapter 47 of Title 43, the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act," so as to provide that a used motor vehicle dealer or used car dealer shall not include certain churches or religious or charitable organizations; to repeal conflicting laws; and for other purposes.

The Senate Finance and Public Utilities Committee offered the following substitute to SB 317: A BILL

To be entitled an Act to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act," so as to provide that a used motor vehicle dealer or used car dealer shall not include certain churches or religious or charitable organizations; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 47 of Title 43 of the Official Code of Georgia Annotated, the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act," is amended in paragraph (17) of Code Section 43-47-2, relating to definitions, by striking "or" at the end of division (ix) of subparagraph (B); by striking the period at the end of division (x) of subparagraph (B) and inserting in its place "; or"; and by adding a new division at the end of subparagraph (B), to be designated division (xi), to read as follows:

"(xi) Churches or nonprofit religious organizations when such entity is qualified as a tax-exempt religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, when such used motor vehicles have been donated to such entity and the sale thereof is solely in furtherance of bona fide religious or charitable purposes."

SECTION 2.
Said chapter is further amended in Code Section 43-47-6, relating to powers and duties of the board, by striking in its entirety paragraph (2) and inserting in lieu thereof the following:
"(2) To make such rules and regulations as may be necessary to effectuate the administration and enforcement of this chapter, including but not limited to rules and regulations designed to prevent churches and religious organizations which are not used motor vehicle dealers from competing with used motor vehicle dealers;"

SECTION 3.

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

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

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith

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Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker E Williams

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

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

Senator Marable of the 52nd introduced the doctor of the day, Dr. Joe Herren.

The Calendar was resumed.

SB 334.

By Senators Madden of the 47th, Hill of the 4th, Hooks of the 14th and Bowen of the 13th:
A bill to be entitled an Act to amend Chapter 20B of Title 33 of the Official Code of Georgia Annotated, the "Essential Rural Health Care Provider Access Act," so as to eliminate the exemption for health maintenance organizations; to provide related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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 Hecht
Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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253

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

HB 1297.

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, Georgia, so as to change certain provisions regarding the establishment of tax and service districts; to change certain provisions regarding the levy and collection of ad valorem taxes within such districts.

HB 1298.

By Representatives Smith of the 12th, Childers of the 13th and Reece of the 11th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to repeal the provisions relating to the manner of filling vacancies on the board.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 939.

By Representative Murphy of the 18th:

A resolution relative to adjournment.

The following resolution was read and put upon its adoption:

HR 939 By Representative Murphy of the 18th:

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, February 4, 2000, and shall reconvene on Monday, February 7, 2000, and that as authorized by Code Section 28-1-2, the hour for convening the Senate on such Monday may be as ordered by the Senate; and the hour for convening the House on such Monday may be as ordered by the House.

BE IT FURTHER RESOLVED that for the remainder of the 2000 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and reconvene on the following Monday, and that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

On the adoption of the resolution, the yeas were 40, nays 0, and the resolution was adopted.

The Calendar was resumed.

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SB 340.

By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to change the conditions under which the state revenue commissioner shall not approve tax digests when certain assessments are under appeal or arbitration; to change certain provisions regarding the withholding of certain grants; to repeal conflicting laws; and for other purposes.

The Senate Finance and Public Utilities Committee offered the following substitute to SB 340:

A BILL

To be entitled an Act to amend Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to approval of tax digests when assessments are in arbitration or under appeal, so as to change the conditions under which the state revenue commissioner shall not approve tax digests when certain assessments are under appeal or arbitration; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to approval of tax digests when assessments are in arbitration or under appeal, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:

"(a) The commissioner shall not be required to disapprove or withhold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property or number of properties in the county. In such cases, the assessment or assessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to the commissioner at the time the digest is filed for examination and approval. The commissioner shall not approve any digest when the assessed value that is in dispute for any property or properties on appeal or in arbitration exceeds 3 percent of the total assessed value of the total taxable tangible digest of the county for the same year. In any year when a complete reevaluation revaluation or reappraisal program is implemented, 5 percent of the property, by assessed value in dispute, or number of properties may be in arbitration or on appeal. When the assessed value in dispute on any one appeal or arbitration exceeds 1.5 percent of the total assessed value of the total taxable digest of the county for the same year, such appeal or arbitration may be excluded by the commissioner in making his or her determination of whether the digest may be approved under the limitations of the Code section."

SECTION 2.

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

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

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

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

Y Balfour Y Blitch Y Bowen Y Broun
Brown Brush Y Burton

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr

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Y Butler Y Cable Y Cagle Y Cheeks Y Crotts
Dean Y Egan
Fort Y Gillis Y Gingrey
Golden Y Guhl

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

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

On the passage of the bill, the yeas were 48, nays 0.

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

SB 342. By Senators Brush of the 24th, Streat of the 19th, Marable of the 52nd and others:

A bill to be entitled an Act to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to provide that certain violations shall not be criminal acts, ordinance violations, or moving traffic violations; to specify a penalty for certain violations; to repeal conflicting laws; and for other purposes.

Senators Hecht of the 34th, Butler of the 55th, Thompson of the 33rd and others, offered the following amendment #1:
Amend SB 342 on line 21 on page 1, change the line by striking "$15.00" and inserting in lieu thereof "$100.00" on page 1, line 21 in its place.

Senators Guhl of the 45th, Thomas of the 54th, Stephens of the 51st and Gingrey of the 37th offered the following amendment #2:
Amend SB 342 on line 21 page 1 by striking "$15.00" and inserting in lieu thereof $500.00" on page 1 line 21 in its place.

Senators Hecht of the 34th, Polak of the 42nd, Johnson of the 1st and Lee of the 29th offered the following amendment #3:
Amend SB 342 on line 21 on page 1 change the line by striking "$15.00" and inserting in lieu thereof "$250.00" on page 1 line 21 in its place.

Senators Butler of the 55th and Stokes of the 43rd offered the following amendment #4: Amend SB 342 on line 21 pg 1 change the line by inserting after amount "on the 2nd offense; penalty $500.00.

Senators Thompson of the 33rd, Walker of the 22nd, Johnson of the 1st , and others offered the following amendment #5:
Amend SB 342 on line 21 page 1 change the line by striking "$15.00" and inserting in lieu thereof "$100.00" on page 1, line 21 in its place.

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Senator Hecht of the 34th asked unanimous consent that his amendment #1 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Butler of the 55th asked unanimous consent that her amendment #4 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Walker of the 22nd moved that SB 342 be placed on the Table.
On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

On the motion the yeas were 26, nays 25; the motion prevailed, and SB 342 was placed on the Table. Senator Brush of the 24th moved that the Senate reconsider its action on tabling SB 342.

On the motion, the President ordered a roll call, and the vote was as follows:

N Balfour N Blitch N Bowen N Broun Y Brown Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts N Dean Y Egan N Fort N Gillis

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

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

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Y Gingrey Golden
N Guhl

Y Perdue N Polak

N Walker Y Williams

On the motion, the yeas were 24, nays 27; the motion to reconsider was lost.

Senator Walker of the 22nd moved that the Senate stand in recess until 5:00 p.m. then adjourn pursuant to HR 939, until 10:00 a.m. Monday, February 7, 2000: the motion prevailed.

At 12:18 p.m., the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, February 7, 2000 Fourteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Starr of the 44th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
Senator Balfour of the 9th moved that the Senate reconsider its action in passing the following bill:
SB 291. By Senators Balfour of the 9th, Ray of the 48th, Price of the 56th and others:
A bill to be entitled an Act to provide for a homestead exemption from certain Gwinnett County School District ad valorem taxes for educational purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to the current owner; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 291 was reconsidered and placed at the foot of the Senate Calendar.

By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House:

HB 999.

By Representatives Cummings of the 27th, Shanahan of the 10th and Coleman of the 80th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to provide that certain persons may not become members of the Teachers Retirement System of Georgia in a certain manner on or after a certain date; to define certain terms; to provide that certain public school employees may elect to become members of such retirement system.

HB 964.

By Representatives Stancil of the 16th, Walker of the 141st, Buck of the 135th and others:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, so as to require the reporting of certain information with respect to any bonds, notes, or other obligations of any political subdivision or public entity.

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HB 272. HB 1149. HB 1192.

By Representatives Buck of the 135th, Royal of the 164th, Coleman of the 142nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain low-income housing; to exclude certain capital gains income from state taxable net income.
By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to change the specific date by which certain conference and convention center facilities or similar facilities must be substantially completed and in operation.
By Representatives Wix of the 33rd and Benefield of the 96th:
A bill to amend Code Section 48-10-11 of the Official Code of Georgia Annotated, relating to the prohibition of the operation of two-axle trailers of four or more wheels without certain brakes, so as to provide for an exception for certain trailers and semitrailers.

HB 1253.

By Representative Reaves of the 178th:

A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of court for the Superior Court of Brooks County.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 416. By Senator Cheeks of the 23rd:

A bill to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the exclusive jurisdiction of the superior court regarding children; to provide for a penalty not to exceed 20 years for specified crimes of children who are under the age of 13; to provide transfer to the Department of Corrections when such a child reaches the age of 17 years; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Corrections, Correctional Institutions and Property.

SB 417. By Senator Streat of the 19th:

A bill to be entitled an Act to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the sale of products produced by inmates, so as to provide that the Department of Corrections shall have the right to sell such goods or merchandise to private prisons that house inmates from the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Corrections, Correctional Institutions and Property.

SB 418. By Senators James of the 35th, Harbison of the 15th, Walker of the 22nd and others:

A bill to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the uniform rules of the road, so as to provide that it shall be unlawful to leave a child eight years old or younger unattended in a motor vehicle unless the child remains in plain view of the driver; to provide a penalty; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation .

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SB 419. By Senators Streat of the 19th, Cheeks of the 23rd, Huggins of the 53rd and others:
A bill to be entitled an Act 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 speed limits in construction sites; to change certain provisions relating to inadmissibility of evidence of speeding obtained in certain areas and use of speed detection devices on hills; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 420. By Senator Egan of the 40th:
A bill to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other symbols, so as to change the design and description of the state flag; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development, Tourism and Cultural Affairs.
SB 421. By Senator Price of the 56th:
A bill to be entitled an Act to amend Code Section 47-2-29 of the Official Code of Georgia Annotated, relating to postretirement benefit adjustments in the Employees' Retirement System of Georgia, so as to provide that a postretirement benefit increase shall not be granted to any person who is drawing a retirement benefit pursuant to Code Section 47-2-123 because of involuntary separation from employment unless such increase is expressly authorized by general law; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 422. By Senator Price of the 56th:
A bill to be entitled an Act to amend Article 2 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the assets of the Employees' Retirement System of Georgia, so as to change the membership of the board of trustees of such retirement system; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 423. By Senator Price of the 56th:
A bill to be entitled an Act to amend Chapter 24 of Title 45 of the Official Code of Georgia Annotated, the "Governmental Reorganization and Termination from Employment Reform Act of 1997," so as to provide for the appointment of a taxpayers' pension advocate; to provide that such advocate's duties shall be to raise all possible factual and legal objections to the separation of the employee and the granting of involuntary separation benefits to such person; to provide for procedures; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
SB 424. By Senator Thomas of the 10th:
A bill to be entitled an Act to amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to duties of a coroner or county medical examiner upon receipt of notice of a suspicious or unusual death, so as to allow medical examiners to retain a deceased body long enough to allow adequate refrigeration before an autopsy is performed; to provide medical examiners with the necessary

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discretion regarding the disposition of bodily specimens; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
SR 514. By Senator Cheeks of the 23rd:
A resolution authorizing the conveyance of certain state owned real property located in Jefferson County, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SR 515. By Senator Hooks of the 14th:
A resolution designating the Kennedy Bridge; and for other purposes.
Referred to the Committee on Transportation.
SR 516. By Senators Dean of the 31st, Starr of the 44th and Johnson of the 1st:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities and pipelines in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Decatur, Chatham, Troup, Dougherty, Floyd, Carroll, Spalding, Coweta, Heard, and Pike counties, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SR 517. By Senators James of the 35th, Gillis of the 20th, Harbison of the 15th and others:
A resolution urging the Congress of the United States and the United States Nuclear Regulatory Commission to conduct a comprehensive reassessment of terrorism and sabotage attacks against shipments of spent nuclear fuel and high level radioactive wastes; and for other purposes.
Referred to the Committee on Transportation.
SR 518. By Senators James of the 35th, Harbison of the 15th, Walker of the 22nd and others:
A resolution honoring Selena Sloan Butler and directing that her portrait be placed in the State Capitol; and for other purposes.
Referred to the Committee on Economic Development, Tourism and Cultural Affairs.
SR 519. By Senators Tate of the 38th, Streat of the 19th, Cheeks of the 23rd and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty; to provide that funds may be appropriated and insurance purchased for such purpose; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Transportation.
The following bills of the House were read the first time and referred to committees:

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HB 272. By Representatives Buck of the 135th, Royal of the 164th, Coleman of the 142nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain low-income housing; to exclude certain capital gains income from state taxable net income; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 964. By Representatives Stancil of the 16th, Walker of the 141st, Buck of the 135th and others:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, so as to require the reporting of certain information with respect to any bonds, notes, or other obligations of any political subdivision or public entity; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 999. By Representatives Cummings of the 27th, Shanahan of the 10th and Coleman of the 80th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to provide that certain persons may not become members of the Teachers Retirement System of Georgia in a certain manner on or after a certain date; to define certain terms; to provide that certain public school employees may elect to become members of such retirement system; and for other purposes.
Referred to the Committee on Retirement.
HB 1149. By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to change the specific date by which certain conference and convention center facilities or similar facilities must be substantially completed and in operation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development, Tourism and Cultural Affairs.
HB 1192. By Representatives Wix of the 33rd and Benefield of the 96th:
A bill to be entitled an Act to amend Code Section 48-10-11 of the Official Code of Georgia Annotated, relating to the prohibition of the operation of two-axle trailers of four or more wheels without certain brakes, so as to provide for an exception for certain trailers and semitrailers; to define a term; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 1253. By Representative Reaves of the 178th:
A bill to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of court for the Superior Court of Brooks County; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).

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HB 1297. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd and others:

A bill to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to change certain provisions regarding the establishment of tax and service districts; to change certain provisions regarding the levy and collection of ad valorem taxes within such districts; to provide for certain millage rollbacks; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1298. By Representatives Smith of the 12th, Childers of the 13th and Reece of the 11th:

A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, so as to repeal the provisions relating to the manner of filling vacancies on the board; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

The following bills and resolutions were read the second time:

SB 295 SB 297 SB 330 SB 331 SR 172

SR 467 SR 478 HB 1141 HB 1171

The roll was called and the following Senators answered to their names:

Balfour Bowen Broun Brown Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Gillis Gingrey Golden Guhl

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

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

Those not answering were:

Blitch Fort James Scott Starr (presiding)

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The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Blitch of the 7th
Fort of the 39th The following communication was received by the Secretary:
The State Senate Atlanta, Georgia 30334 To: Mr. Frank Eldridge, Jr., Secretary of the Senate From: Ms. Karen Thompson, secretary Thursday, February 10, 2000 This is to inform you that Donzella J. James of the 35th was delayed on Monday, February 7, 2000 due to a Caucus meeting with Governor Barnes discussing changes in his Education Reform legislation. She was not in the Senate Chamber at the time of roll call but was on the Capitol premises. Please excuse her for missing roll call. Thank you. The members pledged allegiance to the flag. Prayer was offered by Jai S. Haithco, Sr., pastor of St. Luke A.M.E. Church, Cartersville, Georgia . The President assumed the Chair. Senator Ragan of the 11th introduced members of the Georgia Farm Bureau Federation, commended by SR 466, adopted previously. Senator Bowen of the 13th introduced members of the Georgia Recreation and Parks Association, commended by SR 476, adopted previously. The following resolutions were read and adopted: SR 520. By Senator Bowen of the 13th: A resolution commending the City of Tifton and Tift County; and for other purposes. SR 521. By Senator Balfour of the 9th: A resolution designating February 7, 2000, as "Kroger Day at the Capitol"; and for other purposes. SR 522. By Senators Marable of the 52nd, Dean of the 31st, Walker of the 22nd and Starr of the 44th: A resolution proclaiming December 22 as "Georgia-Great Britain Day"; and for other purposes. SR 523. By Senator Madden of the 47th: A resolution recognizing and commending Joe L. Griffeth, M.D.; and for other purposes. Senator Thomas of the 10th introduced the doctor of the day, Dr. Charmaine Heard.

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Senator Johnson of the 1st moved that Senator Thompson of the 33rd be excused. On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Thompson was excused. NOTICE OF MOTION TO RECONSIDER:
SB 291 Gwinnett County-homestead exemption, education tax (SLGO-9th)
SB 292 Gwinnett County-homestead exemption, county taxes (SLGO-9th)

SB 344 SB 356 SB 365 HB 171
HB 260 HB 408 HB 566 SB 69 SB 267 SB 318 SB 327 SB 343 SB 347 SB 377 SB 383 SB 389 SB 390 SR 204
HB 206 HB 265

SENATE CALENDAR Monday, February 7, 2000 FOURTEENTH LEGISLATIVE DAY Motor Vehicle Insurance-raise minimum liability coverage (I&L-47th) Crime Information Center-audits of crime reporting practices (Pub Saf-12th) Drivers' Licenses-increase of fees, expiration in sixth year (Pub Saf-12th) (ENGROSSED) Rape prevention and personal safety; Department of Education establish course (Substitute) (H Ed-27th) Pelote-149th Medical scholarships; rural health care; amend provisions (Amendment) (H Ed-4th) Channell-111th Methamphetamine; trafficking; bailable only before superior court (Judy-3rd) Barnes-97th State employees' health insurance plan; include certain public retirees (Ret-5th) Cummings-27th Driver's License in Lieu of Bail-motor vehicle insurance issuance or renewal (Substitute) (I&L-47th) Firefighters' Pension Fund-credit for certain prior service (Substitute) (Ret-4th) DNA-provisions after conviction of certain sex offenses (Substitute) (Judy-34th) DNR Environmental Protection Division-permit, variance applications (Substitute) (Nat R-44th) Waterworks/Sewage Systems-consent for condemnation rights (Amendment) (Nat R-47th) Local Government-relating to service delivery (EDT&CA-29th) Law Enforcement Officers Disabled, But Not Permanently- compensation (Amendment) (Judy-34th) Commission on Family Violence-date of termination (H&HS-44th) Watercraft Operation by 14-15 Year Olds-conditions (Amendment) (Nat R-20th) Anti-domestic Terrorism Act-provide (Judy-39th) (ENGROSSED) CA: Law Enforcement Officer Disabled in Line of Duty-compensation program (Substitute) (Judy34th) Licensed practical nurses; display designation on identification (H&HS-43rd) Childers-13th Sports officials; assault or battery against; define offense (Substitute) (S Judy-40th) Watson-70th

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HB 654 Employees' Retirement; certain district attorney investigators (Ret-38th) Greene-158th

HB 1046 Judicial Retirement; certain transfer of membership to Employees' Retirement System (Ret-41st) Smith-109th

HB 1124 Fish caught by gill net; prohibit; exceptions (Amendment) (Nat R-20th) Lane-146th

HB 1148 Defined Contribution Plan; redefine employee (Ret-51st) Cummings-27th

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

SB 344. By Senators Madden of the 47th, Harbison of the 15th and Meyer von Bremen of the 12th:

A bill to be entitled an Act to amend Code Section 33-7-11 of the O.C.G.A., relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, so as to raise certain minimum liability coverage requirements; to change certain provisions relating to when motor vehicles shall not be deemed to be uninsured motor vehicles; to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and proof of financial responsibility, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for liability insurance policies; to change certain provisions relating to duration of suspension and when judgments deemed satisfied; to repeal conflicting laws; and for other purposes.

The following Senators asked unanimous consent that they be excused from voting on SB 344 pursuant to Senate Rule 175:

Dean of the 31st Hooks of the 14th Starr of the 44th Crotts of the 17th Price, R. of the 28th

The consent was granted and the Senators were excused.

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

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

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

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

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

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On the passage of the bill, the yeas were 41, nays 7.

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

SB 356.

By Senators Meyer von Bremen of the 12th and Bowen of the 13th:
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 provide that the Georgia Crime Information Center shall periodically conduct audits of crime reporting practices of criminal justice agencies to ensure compliance with the standards of national and state uniform crime reporting systems and to ensure reporting of criminal arrests, dispositions, and custodial information; to provide that criminal justice agencies shall furnish upon written request and without charge to any local fire department in this state a copy of the criminal history record information of an applicant for employment; repeal conflicting laws; and for other purposes.

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

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

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

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

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

On the passage of the bill, the yeas were 51, nays 0.

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

SB 365. By Senators Meyer von Bremen of the 12th, Bowen of the 13th and Lee of the 29th:

A bill to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to increase license fees required for certain classes of drivers' licenses; to provide that every driver's license issued on or after July 1, 2000, shall expire on the licensee's birthday in the sixth year following the issuance of such license; to change certain provisions relating to free replacement licenses; to change certain provisions relating to veterans' or honorary drivers' licenses; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Senator Meyer von Bremen of the 12th asked unanimous consent that SB 365 be dropped to the foot of the calendar. The consent was granted, and SB 365 was dropped to the foot of the calendar for today.

HB 171. By Representatives Pelote of the 149th, Orrock of the 56th, Campbell of the 42nd, and others:

A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, so as to provide that the Department of Education shall establish a course of rape prevention and personal safety; to encourage the Board of Regents of the University System of Georgia to adopt a similar course; and for other purposes.

Senate Sponsor: Senator Cable of the 27th.

The Senate Higher Education Committee offered the following substitute to HB 171:

A BILL

To be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, so as to require the State Board of Education to develop a rape prevention and personal safety education program for grade 8 through grade 12; to provide that local boards of education may implement such program; to require the state board to make information regarding such program available to the Board of Regents of the University System of Georgia; 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.

Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, is amended by inserting at the end thereof the following:

"20-2-314.

The State Board of Education shall develop, with input from appropriate experts and rape crisis centers and by the start of the 2000-2001 school year, a rape prevention and personal safety education program for grade 8 through grade 12 which is consistent with the core curriculum provided for in Code Section 20-2-140. Local boards may implement such a program at any time and for any grade level it finds appropriate, and the state board shall encourage the implementation of such program. In addition, the state board shall make information regarding such program available to the Board of Regents of the University System of Georgia."

SECTION 2.

This Act shall become effective on July 1, 2000.

SECTION 3.

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

On the adoption of the substitute, the yeas were 37, nays 0, and the 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 Harbison Y Hecht Y Hill

Y Price,R Y Price,T Y Ragan

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Y Broun Y Brown 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

Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 51, nays 0.

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

The following member was off the floor of the Senate when the vote on HB 171 was taken and wishes to be recorded as voting Yea:

Senator: Fort of the 39th

HB 260. By Representatives Channell of the 111th, Parrish of the 144th, Hudson of the 120th, and others:

A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the conditions regarding loan and scholarship repayment; to change the provisions regarding signing of contracts; and for other purposes.

Senate Sponsor: Senator Hill of the 4th.

The Senate Higher Education Committee offered the following amendment:

Amend HB 260 by striking lines 3 through 6 of page 1 and inserting in their place the following:

"scholarships, so as to change the provisions relating to the executive director, clerical assistance, and compensation thereof for the State Medical Education Board; to repeal".

By striking lines 12 through 34 of page 1, lines 1 through 44 of page 2, and lines 1 through 4 of page 3 and inserting in their place the following:

"is amended by striking Code Section 20-3-511, relating to the executive director of the State Medical Education Board, and inserting in its place the following:

'20-3-511.

With the concurrence of the State Medical Education Board, the Department of Community Health shall employ and provide for the compensation of such administrative staff, including but not limited to an executive director, as is necessary to carry out the functions of the State Medical Education Board.'

SECTION 2."

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

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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 Y Brown 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 Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

The following communication was received by the Secretary:
The State Senate Atlanta, Georgia 30334
February 7, 2000

TO: Frank Eldridge Secretary of the Senate

FROM: Senator George Hooks District 14

This is formal notice that I voted in the affirmative on Senate Bill 260 today. The machine obviously did not record my vote and I would like to have it in the official record.

Thank you for your assistance in this matter.

Senator Brush of the 24th moved that the following bill, having been placed on the Table on February 4, 2000, be taken from the Table:

SB 342. By Senators Brush of the 24th, Streat of the 19th, Marable of the 52nd and others:

A bill to be entitled an Act to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to provide that certain violations shall not be criminal acts, ordinance violations, or moving traffic violations; to specify a penalty for certain violations; to repeal conflicting laws; and for other purposes.

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On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

On the motion, the yeas were 33, nays 17; the motion prevailed, and SB 342 was taken from the Table.

Pursuant to Senate Rule 81, SB 342, having been taken from the Table, was placed at the foot of the Calendar.

The Calendar was resumed.

HB 408.

By Representatives Barnes of the 97th, Benefield of the 96th, Dodson of the 94th and Bailey of the 93rd:

A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide that trafficking in methamphetamine shall be bailable only before a judge of the superior court; and for other purposes.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate

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Y Dean Egan
Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

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

HB 566. By Representative Cummings of the 27th:

A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees retired under a public retirement system; and for other purposes.

Senate Sponsor: Senator Burton of the 5th.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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

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

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

On the passage of the bill, the yeas were 51, nays 0.

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

SB 69.

By Senators Roberts of the 30th, Madden of the 47th, Hooks of the 14th and others:

A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to display of motor vehicle driver's license in lieu of bail, recognizance, or incarceration in certain cases, so as to change provisions specifying the cases in which such substitution is permissible; to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of

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motor vehicle liability insurance policies, so as to provide for certain policy issuance, renewal, or replacement reporting requirements.
The Senate Insurance and Labor Committee offered the following substitute to SB 69:
A BILL
To be entitled an Act to amend Code Section 16-9-5 of the Official Code of Georgia Annotated, relating to counterfeit or false proof of insurance document, so as to redefine a term; 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 keeping of records of applications for motor vehicle drivers' licenses and information on licensees and furnishing of information; to change certain provisions relating to notice and procedure upon notice of insurance cancellation, lapse fee, suspension of license, and restricted driving permits; to provide for certain motor vehicle liability insurance reporting requirements for insurers; to change certain provisions relating to proof of insurance required and penalty; to change certain provisions relating to insurance requirements for operation of motorcycles; to provide legislative findings and declarations; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
SECTION 1-1.
(a) The General Assembly finds that a significant number of motor vehicle owners in this state fail to meet the requirements of existing law for minimum motor vehicle liability insurance. The General Assembly finds further that enforcement of such requirements is made difficult by existing methods and procedures for tracking insurance coverage and providing proof of insurance.
(b) The General Assembly declares that the purpose of this Act is to improve enforcement of minimum motor vehicle liability insurance requirements by providing the Department of Public Safety with updated information from insurers regarding those vehicles for which minimum motor vehicle liability insurance coverage is in effect, which information may be made accessible to law enforcement officers throughout the state, all without hampering the underwriting activities of any insurer or changing existing penalties for operating a motor vehicle without minimum liability insurance coverage.
Part 2
SECTION 2-1.
Code Section 16-9-5 of the Official Code of Georgia Annotated, relating to counterfeit or false proof of insurance document, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'proof of insurance document' means any card, paper, or other document issued by, on behalf of, or purportedly on behalf of an insurer to a motor vehicle policyholder or applicant for motor vehicle coverage, which document is designed to constitute proof or evidence of the minimum motor vehicle liability insurance required by law for the purposes of Code Section 40-6-10."
SECTION 2-2.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subparagraph (c)(1)(B), paragraph (1) of subsection (d), and subsection (j) of Code Section 40-5-2, relating to keeping of records of applications for motor vehicle drivers' licenses and information on licensees and furnishing of information, and inserting in lieu thereof the following:
"(B) Pursuant to a written request or a request made in accordance with a contract with the GeorgiaNet Authority for electronic furnishing of information, for use by any insurer or insurance support organization, or by a self-insured

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entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. For purposes of rating or underwriting, the driver's operating record shall be furnished under this subparagraph. The person who makes a written request for a driver's operating record shall identify himself or herself and shall have certified or affirmed that the information contained in the record will be used only for the purpose specified in the request. Further, the person making the request shall certify or affirm that he or she has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers;"
"(d)(1) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information; and except that such approval shall not be required for any release or disclosure of information made electronically through the GeorgiaNet Authority in accordance with a contract authorized by subparagraph (c)(1)(B) of this Code section. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof."
"(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section. The department is further and the GeorgiaNet Authority are each authorized to charge a reasonable fee charge reasonable fees to defray its costs incurred in affording access to or disseminating information from its records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00."
SECTION 2-3.
Said title is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-71, relating to notice and procedure upon notice of insurance cancellation, lapse fee, suspension of license, and restricted driving permits, and inserting in lieu thereof the following:
"(a)(1)(A) For purposes of aiding in the enforcement of the requirement of minimum motor vehicle liability insurance, any insurer issuing or renewing in this state any policy of motor vehicle liability insurance required by Chapter 34 of Title 33 shall within 30 days after the date the insurance agent binds the coverage or on the date such coverage was renewed, whichever is applicable, provide notice of such insurance coverage by electronic transmission to the Department of Public Safety; except that once coverage data has been electronically transmitted to the Department of Public Safety, there shall be no requirement to report on subsequent renewals of that coverage. Insurance coverage information included in such notice of issue or renewal shall be limited exclusively to vehicle identification number and policy effective date. The department shall not require the name of the insurer or the policy limits to be disclosed for purposes of this subparagraph.
(B)(i) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the date on which the policy cannot be reinstated to maintain coverage continuously in force, shall by electronic transmission notify the Department of Public Safety in the form specified by the department of such cancellation and the reason for such cancellation on or before the effective date thereof. Insurance cancellation information included in such notice shall include vehicle identification number and the effective date of cancellation. For the purposes of aiding in the enforcement of the requirement of minimum motor vehicle insurance, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies this Code section, a nonrenewal shall be deemed a cancellation.
(ii) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 expires due to nonpayment of premium by the insured, the insurer shall by electronic transmission notify the Department of Public Safety of such expiration within 30 days after the date on which the policy cannot be reinstated to maintain coverage

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continuously in force. Insurance expiration information included in such notice shall include vehicle identification number and the effective date of coverage expiration.
(C) The commissioner of public safety shall notify the Commissioner of Insurance quarterly of any and all notices of cancellation sent to the Department of Public Safety by any insurer in violation of the regulation of the Department of Public Safety defining a cancellation violations of the notice requirements of this paragraph by any insurer, and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension or revocation of an agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the Commissioner of Insurance is the same as is authorized by law to impose Code Section 33-2-24 for violations of Title 33. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.
(D) No insurer shall be liable in damages for providing information, failing to provide information, or erroneously providing information pursuant to this Code section.
(2) The Department of Public Safety shall, by regulation, define cancellation prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this Code section and the department's definition which shall in no way be construed as modifying the provisions of Code Section 33-24-45.
(3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the Department of Public Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation.
(b)(1) Upon After receipt of notification of cancellation or expiration, if the department does not on or before the effective date of such cancellation or expiration receive notice from an insurer that new minimum insurance coverage for such motor vehicle has been issued, the department shall send a notice to the owner of the motor vehicle stating that the department has been informed of the fact of the cancellation and informing such owner of the penalties outlined in this Code section.
(2) Upon receipt of the department's notice, it shall be the duty of the owner of such motor vehicle to respond on the form provided by the department and to provide proof that minimum insurance coverage has been obtained or is no longer required and to provide any other information relating to such insurance coverage requested by the department.
(3) The owner shall furnish such information to the department within 30 days of the date on which the notification was mailed by the department.
(c)(1) If the owner responds within the specified time period and indicates that minimum insurance coverage is in effect, but there has been a lapse of coverage, the owner shall remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection.
(2) If the owner responds within the specified time period and indicates does not indicate that minimum insurance coverage is not in effect or is no longer required, the owner's driver's license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension shall terminate, and the department shall return the driver's license to the owner of the motor vehicle.
(3) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that for any owner whose driver's license has been suspended pursuant to this paragraph who provides satisfactory proof of continuous

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minimum insurance coverage, the commissioner may waive the lapse fee and the restoration fee, and the owner shall not be deemed to have violated Code Section 40-5-121.
(4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license for a period of 90 days. Upon demand of the department, the owner shall forward the driver's license to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail to the department, the suspension shall terminate, and the department shall return the driver's license to the owner of the motor vehicle."
SECTION 2-4.
Said title is further amended by striking subsection (a) of Code Section 40-6-10, relating to proof of insurance required and penalty, and inserting in lieu thereof the following:
"(a)(1) The owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. A if:
(A) The policy providing such coverage was applied for within the last 30 days, in which case a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage;
(B) The vehicle is operated under a rental agreement, in which case a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage. If the ; or
(C) The owner acquired ownership of the motor vehicle in question within the past 20 30 days, in which case if the type of proof described in subparagraph (A) of this paragraph is not applicable but and the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then proof or evidence of a copy of the insurer's declaration of coverage under the policy providing such required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle in question, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle in question within the past 20 30 days.;
provided, however, that the requirements of this paragraph shall not apply to the owner or operator of any vehicle for which the records of the Department of Public Safety indicate that required minimum insurance coverage is currently effective. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. Except as otherwise provided in paragraph (4) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both.
(2) Every law enforcement officer in this state shall request the operator of a motor vehicle subject to the provisions of paragraph (1) of this subsection to produce proof or evidence of required minimum insurance coverage every time the law enforcement officer requests the presentation of the driver's license of the operator of the vehicle.
(3) If the owner or operator of a motor vehicle subject to the provisions of paragraph (1) of this subsection fails to show proof or evidence of required minimum insurance, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance and shall take possession of the driver's license and forward it to a court of competent jurisdiction. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance.
(4) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court shall return the

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driver's license upon payment of a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the driver's license of such person shall not be suspended.
(5) On and after February 1, 2002, an insurance card shall not be satisfactory proof or evidence of required minimum insurance for purposes of any provision of this Code section."
SECTION 2-5.
Said title is further amended by striking Code Section 40-6-11, relating to insurance requirements for operation of motorcycles, and inserting in lieu thereof the following:
"40-6-11.
(a) For the purposes of this Code section, 'motorcycle' means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped.
(b) No owner of a motorcycle or any other person, other than a self-insurer as defined in Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor.
(c) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Code section in his or her immediate possession or on the motorcycle at all times when such person is operating the motorcycle but only under the same circumstances and of the same type as prescribed for operators of other motor vehicles in paragraph (1) of subsection (a) of Code Section 40-6-10. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this subsection.
(d) Every law enforcement officer in this state shall request the operator of a motorcycle subject to the provisions of subsection (c) of this Code section to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer requests the presentation of the driver's license of such operator."
Part 3
SECTION 3-1.
Code Section 16-9-5 of the Official Code of Georgia Annotated, relating to counterfeit or false proof of insurance document, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'proof of insurance document' means any card, paper, or other document issued by, on behalf of, or purportedly on behalf of an insurer to a motor vehicle policyholder or applicant for motor vehicle coverage, which document is designed to constitute proof or evidence of the minimum motor vehicle liability insurance required by law for the purposes of Code Section 40-6-10."
SECTION 3-2.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subparagraph (c)(1)(B), paragraph (1) of subsection (d), and subsection (j) of Code Section 40-5-2, relating to keeping of records of applications for motor vehicle drivers' licenses and information on licensees and furnishing of information, and inserting in lieu thereof the following:
"(B) Pursuant to a written request, for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal

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information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a written request for a driver's operating record shall identify himself or herself and shall have certified that the information contained in the record will be used only for the purpose specified in the request. Further, the person making the request shall certify that he or she has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers;"
"(d)(1) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof."
"(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section. The department is further authorized to charge a reasonable fee to defray its costs incurred in affording access to or disseminating information from its records; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00."
SECTION 3-3.
Said title is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-71, relating to notice and procedure upon notice of insurance cancellation, lapse fee, suspension of license, and restricted driving permits, and inserting in lieu thereof the following:
"(a)(1) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the date on which the policy cannot be reinstated to maintain coverage continuously in force, shall notify the Department of Public Safety in the form specified by the department of such cancellation and the reason for such cancellation. For the purposes of aiding in the enforcement of the requirement of minimum motor vehicle insurance, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. The commissioner of public safety shall notify the Commissioner of Insurance quarterly of any and all notices of cancellation sent to the Department of Public Safety by any insurer in violation of the regulation of the Department of Public Safety defining a cancellation and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension or revocation of an agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the Commissioner of Insurance is authorized by law to impose. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.
(2) The Department of Public Safety shall, by regulation, define cancellation for the purposes of insurers sending the notices required by this Code section and the department's definition shall in no way be construed as modifying the provisions of Code Section 33-24-45.
(3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the Department of Public Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation.
(b)(1) Upon receipt of notification of cancellation, the department shall send a notice to the owner of the motor vehicle stating that the department has been informed of the fact of the cancellation and informing such owner of the penalties outlined in this Code section.
(2) Upon receipt of the department's notice, it shall be the duty of the owner of such motor vehicle to respond on the form provided by the department and to provide proof that minimum insurance coverage has been obtained and to provide any other information relating to such insurance coverage requested by the department.

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(3) The owner shall furnish such information to the department within 30 days of the date on which the notification was mailed by the department.
(c)(1) If the owner responds within the specified time period and indicates that minimum insurance coverage is in effect, but there has been a lapse of coverage, the owner shall remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection.
(2) If the owner responds within the specified time period and indicates that minimum insurance coverage is not in effect, the owner's driver's license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle.
(3) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that for any owner whose driver's license has been suspended pursuant to this paragraph who provides satisfactory proof of continuous minimum insurance coverage the commissioner may waive the lapse fee and the restoration fee and the owner shall not be deemed to have violated Code Section 40-5-121.
(4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license for a period of 90 days. Upon demand of the department, the owner shall forward the driver's license to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail to the department, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle."
SECTION 3-4.
Said title is further amended by striking subsection (a) of Code Section 40-6-10, relating to proof of insurance required and penalty, and inserting in lieu thereof the following:
"(a)(1) The owner or operator of a motor vehicle shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. A duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage. If the owner acquired ownership of the motor vehicle in question within the past 20 days and the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then proof or evidence of required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle in question, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle in question within the past 20 days. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. Except as otherwise provided in paragraph (4) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both.
(2) Every law enforcement officer in this state shall request the operator of a motor vehicle to produce proof or evidence of required minimum insurance coverage every time the law enforcement officer requests the presentation of the driver's license of the operator of the vehicle.

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(3) If the owner or operator of a motor vehicle fails to show proof or evidence of required minimum insurance, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance and shall take possession of the driver's license and forward it to a court of competent jurisdiction. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance.
(4) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court shall return the driver's license upon payment of a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the driver's license of such person shall not be suspended."
SECTION 3-5.
Said title is further amended by striking Code Section 40-6-11, relating to insurance requirements for operation of motorcycles, and inserting in lieu thereof the following:
"40-6-11.
(a) For the purposes of this Code section, 'motorcycle' means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped.
(b) No owner of a motorcycle or any other person, other than a self-insurer as defined in Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor.
(c) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Code section in his immediate possession or on the motorcycle at all times when such person is operating the motorcycle. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this subsection.
(d) Every law enforcement officer in this state shall request the operator of a motorcycle to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer requests the presentation of the driver's license of such operator."
Part 4
SECTION 4-1.
(a) This Part, Part 1, and Sections 2-1,2-2, and 2-3 of Part 2 of this Act shall become effective on January 1, 2001.
(b) Sections 2-4 and 2-5 of Part 2 of this Act shall become effective on February 1, 2002.
(c) Part 3 of this Act shall become effective on February 1, 2005.
SECTION 4-2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
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:

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281

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

SB 267. By Senators Hill of the 4th and Jackson of the 50th:

A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Firefighters' Pension Fund, so as to provide for creditable service for certain prior service; to provide conditions for an effective date and automatic repeal.

The Senate Retirement Committee offered the following substitute to SB 267: A BILL

To be entitled an Act to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Firefighters' Pension Fund, so as to provide for creditable service for certain prior service; to provide for conditions for receiving such service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Firefighters' Pension Fund, is amended by inserting at the end thereof the following:

"47-7-86.

(a) As used in this Code section, the term 'prior eligible service' means service:

(1) Rendered by a member of the fund as a firefighter or volunteer firefighter;

(2) Rendered without interruption prior to the date such member became a member of the fund; and

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(3) For which the member would otherwise have been eligible for credit if such member had been a member of the fund at the time such service was rendered;

provided, however, that such term shall not include a period of more than five years of such service.

(b) Any person who is a member of the fund on July 1, 2000, and who is at least 53 years old on that date shall be entitled to credit for prior eligible service, provided that such person satisfies the following requirements:

(1) The member or applicant for membership files with the board on or before September 1, 2000, an application for such credit in the form prescribed by the board; and

(2) At the time of application for credit, the member or applicant for membership pays to the fund for each month of prior eligible service credit sought an amount equal to the contributions that would have been made had the member or applicant been a member and entitled to credit during the period of prior eligible service, at the monthly contribution rate in effect at the time the application for credit is made, together with interest on such monthly amount from the date on which such contribution would have been made until the date of application for credit at a rate of 12 percent per year.

(c) Nothing in this Code section shall alter the requirements for membership in the fund or the limitations on membership or benefits of membership which would otherwise apply absent the benefit of prior eligible service credits under this Code section."

SECTION 2.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 3.

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

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

January 26, 2000

Honorable Sonny Huggins, Chairman Senate Retirement Committee Legislative Office Building, Room 313-B Atlanta, Georgia 303334

SUBJECT:

Actuarial Investigation Senate Bill 267 (LC 21 5406) Substitute (LC 21 5727S) Georgia Firefighters' Pension Fund

Dear Chairman Huggins:

This substitute bill would amend provisions relating to creditable service for members of the Georgia Firefighters' Pension Fund. If this legislation is enacted, members of the Fund who are at least 53 years of age may acquire up to 5 years of creditable service for certain prior service rendered. This legislation applies to any person who is a

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283

member of the Fund on July 1, 2000. To obtain creditable service, the member must file an application to the board of trustees on or before September 1, 2000. In addition, the member must pay past dues plus 12% interest for the period of creditable service being sought.

The first year cost of this legislation would be $327,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This is the cost required each year for the next 20 years to amortize the unfunded actuarial accrued liability. Based on information from the most recent valuation, the actuary estimated that approximately 258 members would each purchase 5 years of creditable service as a result of this legislation. These are the current members who could benefit from the passage of this bill. It is possible that the cost of this legislation could be lower if fewer members elect to purchase creditable service. However, it is also possible that the cost of this legislation could be higher if membership in the Georgia Firefighters' Pension Fund increased prior to July 1, 2000, and the new members also had prior eligible service. This bill would not increase the employer contribution provided this was the only bill affecting the Fund to be enacted. The estimated cost is based on current member data, actuarial assumptions and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs associated with this bill would be paid through the 1% tax on gross premiums issued by fire insurance companies in Georgia.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to O.C.G.A 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will result from the bill. $5,045,000

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$327,000

(3) The number of years that the unfunded actuarial accrued liability created by this

bill would be amortized.

20

(4) The amount of the annual normal cost which will result from the bill.

$0

(5) The employer contribution rate currently in effect.

1% tax on premiums

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

1% tax on premiums

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 327,000*

* This bill would increase the cost to the Fund by $327,000 in the first year. However, the employer contribution would not increase since the current revenues generated by the Fund are sufficient to cover the cost of this substitute bill, provided, however, this was the only bill affecting the Georgia Firefighters' Pension Fund to be enacted. If other bills affecting the Fund are also passed into law, the aggregate effect of all bills passed would need to be analyzed to determine if current employer contributions are sufficient.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely, /s/ Russell W. Hinton State Auditor

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BUCK CONSULTANTS 200 Galleria Parkway, N.W., Suite 1200 Atlanta, Georgia 30339-5945

January 24, 2000

Honorable Russell W. Hinton, State Auditor Georgia Department of Audits and Accounts 254 Washington Street, Room 214 Atlanta, Georgia 30334

RE: SB 267 Substitute (LC 21 5727S)

Dear Mr. Hinton:

As requested, we have made an actuarial investigation of the impact of substitute SB 267 (LC 21 5727S) on the Georgia Firefighters' Pension Fund in accordance with the requirements of Code Section 47-20-36.

This bill would allow Members of the Fund who are at least age 53 to acquire up to 5 years of prior eligible service if the Member would have otherwise been eligible. The Member must make payment of past dues with interest during a window period that ends on September 1, 2000. We have made the assumption that the wording in the bill referring to "contributions" refers to the Member's dues since contributions that are not Members dues are in the form of premium taxes.

The Georgia Firefighter's Pension Fund has no data available on the number of Members who have prior service or an indication of how many eligible Members would make such a purchase. Therefore, we have made a very conservative cost estimate based on the assumption that all Members over age 53 have past eligible service. Also, we have assumed that they would buy enough service (up to 5 years) to enable them to qualify for the maximum benefit which is based on 25 years of service. If a study could be made of members who have eligible past service, then a more accurate, less conservative valuation could be performed.

The cost of this proposal legislation is $327,000 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50. The estimated cost includes $327,000 increasing at the rate of 3% per year for the next 20 years to amortize the unfunded actuarial accrued liability and $0 in the first year to fund the total normal costs. We have not included the substantial additional costs that might be incurred if HB 887 (SB 188) is enacted permitting more firefighters who may have prior eligible service to join the fund. The recommended employer contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10 and will remain so if this legislation is passed.

The following table reflects the unfunded actuarial accrued liability and recommended employer contribution before and after the proposed legislation.

All amounts in the following table are in $ thousands.

Substitute SB 267 LC 21 5727S Unfunded Actuarial Accrued Liability

Before Legislation $33,277

After Legislation $38,322

Increase Due To Legislation $5,045

Amount of the Annual Amortization of the Unfunded Actuarial Accrued Liability

$6,540

$6,867

$327

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Number of Years that the

Unfunded Actuarial

17

Accrued Liability would be

Amortized

20

3

Annual Contribution

% Amount

% Amount

% Amount

Total Normal Cost Unfunded Accrued Liability Amort. Payment
Employer Contribution Rate Currently in Effect

NA $8,859 NA $6,540
NA $11,407

NA $8,859 NA $6,867
NA $11,407

NA $ 0 NA $ 327
NA $ 0

Employer Contribution Rate Recommended Due to Minimum Funding Standards

NA $10,492

NA $10,819

NA $327

"NA" means "Not Applicable" - The benefits are not related to pay, so percentage-of-pay figures are not shown.

The Enrolled Actuary who prepared this actuarial investigation is:
Mr. Kerry Schmidt Buck Consultants Suite 1200 200 Galleria Parkway, N.W. Atlanta, Georgia 30339-5945

Should you have any questions regarding this investigation, please feel free to call me to discuss at (770) 916-4158.

Sincerely, /s/ Kerry Schmidt Principal and Consulting Actuary
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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan

Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden

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

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Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Thomas,R E Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

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

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

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 957.

By Representatives Walker of the 141st, Coleman of the 142nd and Murphy of the 18th: A resolution relative to adjournment.

The following resolution was read and put upon its adoption:
HR 957. By Representatives Walker of the 141st, Coleman of the 142nd and Murphy of the 18th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Thursday, February 10, 2000, and shall reconvene on Monday, February 14, 2000, and that as authorized by Code Section 28-1-2, the hour for convening the Senate on such Monday may be as ordered by the Senate; and the hour for convening the House on such Monday may be as ordered by the House.
BE IT FURTHER RESOLVED that for the remainder of the 2000 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and reconvene on the following Monday, and that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

On the adoption of the resolution, the yeas were 40, nays 0, and the resolution was adopted. Senator Walker of the 22nd moved that the Senate adjourn until 9:30 a.m. tomorrow. The motion prevailed, and the President announced the Senate adjourned at 12:01 p.m.

Tuesday, February 8, 2000

287

Senate Chamber, Atlanta, Georgia Tuesday, February 8, 2000 Fifteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 a.m. today and was called to order by Senator Starr of the 44th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 326.

By Representatives Reichert of the 126th, Trense of the 44th and Smith of the 109th:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to define certain terms; to amend the definition of certain terms; to amend licensing and registration qualifications.

HB 393.

By Representatives Buck of the 135th, Hanner of the 159th, Skipper of the 137th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase a retirement benefit; to provide that where a member has chosen a spouses' survival option and the spouse predeceases the member, the member's retirement benefit shall increase to the level it would have been had the member not elected a spouses' survival option.

HB 1168.

By Representative Squires of the 78th:
A bill to amend Chapters 14 and 15 of Title 33 of the Official Code of Georgia Annotated, relating respectively to domestic stock and mutual insurers and to fraternal benefit societies, so as to assign certain duties formerly assigned to the Secretary of State to the Commissioner of Insurance; to provide for filing with the Commissioner of Insurance applications for charters, amendments to charters, and applications for voluntary dissolution and surrender of charters.

HB 646.

By Representatives Childers of the 13th and Jones of the 71st:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the licensing of end stage renal disease facilities; to provide for definitions, fees, and rules; to provide for exemptions; to provide licensing standards; to provide for regulation of dialysis technicians.

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HB 656.

By Representatives Bannister of the 77th, Walker of the 141st, Parrish of the 144th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to change certain provisions relating to transaction of insurance by lending institutions and bank holding companies.

The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate:

HR 621.

By Representative Floyd of the 138th: A resolution designating the Toombs Taylor Morgan Memorial Bridge.

HR 754.

By Representatives McCall of the 90th, Jackson of the 112th and Bailey of the 93rd:
A resolution designating a portion of State Highway 43 as the Pierce Jackson Ferguson Memorial Highway.

HR 849.

By Representatives Hembree of the 98th and Snelling of the 99th: A resolution designating the Veterans Memorial Highway.

HR 964.

By Representatives Purcell of the 147th, Sinkfield of the 57th, Bailey of the 93rd and McCall of the 90th:
A resolution declaring March 7, 2000, as the "Governor's Council on Developmental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governor's Council on Developmental Disabilities provides to individuals with disabilities, their families, and the greater community at large, to enhance the quality of life for people with developmental disabilities.

SR 512.

By Senators Polak of the 42nd, Lamutt of the 21st, Golden of the 8th and others: A resolution commending William J. Todd; and for other purposes.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 425. By Senators Kemp of the 3rd, Brown of the 26th, Ray of the 48th and others:
A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to revise extensively the "Brokerage Relationships in Real Estate Transactions Act;" to revise and add definitions; to change the duties owed by a broker to a client, customer, seller, buyer, tenant, or landlord; to change disclosure provisions; to change the standard of skill in some circumstances; to provide for a duty of keeping certain information confidential; to provide for exceptions; to provide for a duty to disclose certain material facts regarding adverse physical conditions in the neighborhood of a property; to change provisions regarding a broker's liability for providing false information; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banking and Financial Institutions.

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289

SB 426. By Senators Polak of the 42nd, Stokes of the 43rd, Burton of the 5th and Ladd of the 41st:

A bill to be entitled an Act to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to provide that an expense allowance for grand jurors shall be fixed by the grand jury; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 427. By Senators Cable of the 27th, Thomas of the 10th, Stokes of the 43rd and others:

A bill to be entitled an Act to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, so as to add human papilloma virus to the list of venereal diseases declared to be dangerous to the public health; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health and Human Services.

SB 428. By Senator Lee of the 29th:

A bill to be entitled an Act to repeal in its entirety an Act providing for the charter of the City of Corinth, approved March 3, 1874 (Ga. L. 1874, p. 151), as amended; to thereby abolish the existence of the City of Corinth as a municipal corporation; to provide for devolution of the assets and debts and rights and obligations to Heard County; to provide for related matters; to provide that fees, taxes, and assessments may be levied in a special district coterminous with the former City of Corinth for the purpose of retiring debts and obligations of the former city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

SR 525. By Senators Bowen of the 13th, Meyer von Bremen of the 12th and Dean of the 31st:

A resolution urging the United States Congress to enact the National Forensic Sciences Improvement Act of 1999; and for other purposes.

Referred to the Committee on Public Safety.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 326. By Representatives Reichert of the 126th, Trense of the 44th and Smith of the 109th:

A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to define certain terms; to amend the definition of certain terms; to amend licensing and registration qualifications; and for other purposes.

Referred to the Committee on Defense, Science and Technology.

HB 393.

By Representatives Buck of the 135th, Hanner of the 159th, Skipper of the 137th and Coleman of the 142nd:

A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase a retirement benefit; to provide that where a member has chosen a spouses' survival option and the spouse predeceases the member, the member's retirement benefit shall increase to the level it would have been had the member not elected a spouses' survival option; and for other purposes.

Referred to the Committee on Retirement.

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HB 646. By Representatives Childers of the 13th and Jones of the 71st:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the licensing of end stage renal disease facilities; to provide for definitions, fees, and rules; to provide for exemptions; to provide licensing standards; to provide for regulation of dialysis technicians; and for other purposes.
Referred to the Committee on Health and Human Services.
HB 656. By Representatives Bannister of the 77th, Walker of the 141st, Parrish of the 144th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to change certain provisions relating to transaction of insurance by lending institutions and bank holding companies; and for other purposes.
Referred to the Committee on Banking and Financial Institutions.
HB 1168. By Representative Squires of the 78th:
A bill to be entitled an Act to amend Chapters 14 and 15 of Title 33 of the Official Code of Georgia Annotated, relating respectively to domestic stock and mutual insurers and to fraternal benefit societies, so as to assign certain duties formerly assigned to the Secretary of State to the Commissioner of Insurance; to provide for filing with the Commissioner of Insurance applications for charters, amendments to charters, and applications for voluntary dissolution and surrender of charters; to relieve the Secretary of State of the duty of keeping a book for the purposes of charter applications, amendments to charters, and certificates dissolving insurers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
HR 621. By Representative Floyd of the 138th:
A resolution designating the Toombs Taylor Morgan Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.
HR 754. By Representatives McCall of the 90th, Jackson of the 112th and Bailey of the 93rd:
A resolution designating a portion of State Highway 43 as the Pierce Jackson Ferguson Memorial Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 849. By Representatives Hembree of the 98th and Snelling of the 99th:
A resolution designating the Veterans Memorial Highway; and for other purposes.
Referred to the Committee on Transportation.
The following committee reports were read by the Secretary:
Mr. President:

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291

The Committee on Health and Human Services 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 1235. Do pass.

Respectfully submitted, Senator Stokes of the 43rd District, Chairman

Mr. President:

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

SB 315. Do pass by substitute. HB 401. Do pass by substitute.

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

Mr. President:

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

SB 405. Do pass.

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

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

SB 346. Do pass by substitute. SB 397. Do pass by substitute. HB 1260. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1282. Do pass. HB 1298. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

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

HB 734. Do pass by substitute.

Respectfully submitted,

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Senator Harbison of the 15th District, Chairman

Senator Land of the 16th moved that Senator be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Harbison was excused.

The roll was called and the following Senators answered to their names:

Bowen Broun Brown Burton Cable Cagle Cheeks Crotts Dean Egan Gillis Gingrey Guhl

Hill Huggins Jackson James Kemp Ladd Lamutt Land Lee Madden Marable Meyer v Bremen Perdue

Price,R Price,T Ragan Ray Smith Stephens Streat Tanksley Tate Thomas,D Thomas,R Williams

Those not answering:

Balfour

Johnson, E.

Blitch

Polak

Brush

Scott

Butler

Starr (presiding)

Fort

Stokes

Golden

Thomas, N.

Harbison (ex) Thompson

Hecht

Walker

Hooks

The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:
Senators: Blitch of the 7th Hooks of the 14th Polak of the 42nd
The members pledged allegiance to the flag.
Prayer was offered by Matthew Hill, Senate Sergeant at Arms.
The following resolutions were read and adopted:
SR 524. By Senator Thompson of the 33rd:
A resolution recognizing and commending Home Depot for its environmental leadership; and for other purposes.
SR 526. By Senator Lee of the 29th:
A resolution commending Skin Edge, Betty Fagundes, Stuart Gulley, and Jeff Lukken; and for other purposes.

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SR 527. By Senator Walker of the 22nd:

A resolution recognizing February 8, 2000, as Georgia Nonprofit Day; and for other purposes.

HR 964.

By Representatives Purcell of the 147th, Sinkfield of the 57th, Bailey of the 93rd and McCall of the 90th:

A resolution declaring March 7, 2000, as the "Governor's Council on Developmental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governor's Council on Developmental Disabilities provides to individuals with disabilities, their families, and the greater community at large, to enhance the quality of life for people with developmental disabilities; and for other purposes.

Senator Dean of the 31st recognized the Cartersville High School Purple Hurricane Football Team, commended by SR 414, adopted previously.

Senator Burton of the 5th recognized Stan Cottrel, commended by SR 497, adopted previously.

Senator Hill of the 4th introduced the Georgia Southern Eagles Football Team, commended by SR 488, adopted previously.
The President assumed the Chair.

The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Tuesday, February 8, 2000 Fifteenth Legislative Day
(The names listed with the bills are the Senators whose districts are affected by the legislation.)

HB 1282

Thomas of the 54th MURRAY COUNTY
A bill to be entitled an Act to amend an Act creating the office of commissioner of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, which 1999 Act provided for a referendum election with respect to reconversion of the board of commissioners to a sole commissioner form of government, so as to change provisions relating to the compensation of the chairperson in the board of commissioners form of government for Murray County; to provide that in the board of commissioners form of government for Murray County the chairperson shall not have veto power; to provide for related matters; to provide for a conditional effective date contingent on the results of said referendum election; to repeal conflicting laws; and for other purposes.

HB 1298

Marable of the 52nd FLOYD COUNTY
A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, so as to repeal

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the provisions relating to the manner of filling vacancies on the board; to repeal conflicting laws; and for other purposes.

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 Blitch
Y Bowen Y Broun
Brown 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

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

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

On the passage of the local bills, the yeas were 47, nays 0.

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

Senator James of the 35th recognized members of the Fulton County Delegation, commended by SR 506, adopted previously.

Senator Bowen of the 13th recognized officials of Tift County and the City of Tifton, commended by SR 520, adopted previously.

SENATE CALENDAR

Tuesday, February 8, 2000 FIFTEENTH LEGISLATIVE DAY

SB 318

DNA-provisions after conviction of certain sex offenses (Substitute)(Amendments) (Judy-34th)

SB 327

DNR Environmental Protection Division-permit, variance applications (Substitute) (Nat R-44th)

SB 343 Waterworks/Sewage Systems-consent for condemnation rights (Amendment) (Nat R-47th)

SB 347 Local Government-relating to service delivery (EDT&CA-29th)

SB 377

Law Enforcement Officers Disabled, But Not Permanently- compensation (Amendment) (Judy-34th)

SB 383 Commission on Family Violence-date of termination (H&HS-43rd)

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295

SB 389 Watercraft Operation by 14-15 Year Olds-conditions (Amendment) (Nat R-20th)

SB 390 Anti-domestic Terrorism Act-provide (Judy-39th) (ENGROSSED)

SR 204

CA: Law Enforcement Officer Disabled in Line of Duty-compensation program (Substitute) (Judy34th)

HB 206 Licensed practical nurses; display designation on identification (H&HS-43rd) Childers-13th

HB 265

Sports officials; assault or battery against; define offense (Substitute) (S Judy-40th) Watson-70th

HB 654 Employees' Retirement; certain district attorney investigators (Ret-38th) Greene-158th

HB 1046 Judicial Retirement; certain transfer of membership to Employees' Retirement System (Ret-41st) Smith-109th

HB 1124 Fish caught by gill net; prohibit; exceptions (Amendment) (Nat R-20th) Lane-146th

HB 1148 Defined Contribution Plan; redefine employee (Ret-51st) Cummings-27th

SB 291 Gwinnett County-homestead exemption, education tax (SLGO-9th)

SB 365 Drivers' Licenses-increase of fees, expiration in sixth year (Pub Saf-12th) (ENGROSSED)

SB 342

Motorcycle Headgear, Eye-Protective Devices-certain violations not criminal act (Amendments) (Pub Saf-24th)

SB 295 Local Governing Authorities-codification of ordinances (SLGO-G-34th)

SB 297 Cruelty to Animals-revise laws (Substitute) (Nat R-26th)

SB 330 Livestock Disease-fees for services by Agriculture Department (Ag-11th)

SB 331 Agricultural Products Dealers-relating to certain food establishment exemption (Ag-11th)

SR 172

Governor's Council on Developmental Disabilities-recognize efforts (Substitute) (V&CA-42nd)

SR 467 Mississippi River/Gulf of Mexico Watershed Nutrient Task Force- relating to (Ag-11th)

SR 478 Congress-urge address monetary assessments on peanut growers (Ag-11th)

HB 1141 Cooperative marketing associations; rights and powers (Ag-11th) Reaves-178th

HB 1171 Butts, Lamar, and Monroe Counties; superior court terms (S Judy-27th) Smith-109th

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

SB 318. By Senators Hecht of the 34th, Starr of the 44th, Hooks of the 14th and others:

A bill to be entitled an Act to amend Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, so as to authorize that, in addition to blood samples, oral swabs or a sample obtained from a noninvasive procedure may be taken for DNA analysis to determine identification characteristics

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specific to the person; to provide that laws applicable to DNA analysis with respect to sex offenders shall apply to persons who are convicted of a felony to the extent funds are appropriated or otherwise available for such purposes; to change the provisions relating to expungement of a profile in the data bank upon reversal and dismissal of conviction; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 318:
A BILL
To be entitled an Act to amend Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, so as to authorize that, in addition to blood samples, oral swabs or a sample obtained from a noninvasive procedure may be taken for DNA analysis to determine identification characteristics specific to the person; to provide that laws applicable to DNA analysis with respect to sex offenders shall apply to certain persons who are convicted of a felony; to provide that laws applicable to DNA analysis with respect to persons who commit a felony in this state shall also apply to certain persons who have been convicted of a felony prior to July 1, 2000, and who currently are incarcerated in a state correctional facility in this state for such offense; to provide that laws applicable to DNA analysis with respect to persons who commit a felony in this state shall also apply to certain persons who have been convicted of a felony prior to, on, or after July 1, 2000, and who are incarcerated in a private correctional facility in this state for such offense pursuant to a contract with the Department of Corrections; to define a certain term; to change the provisions relating to time and procedure for withdrawal or extraction of samples; to provide that the Division of Forensic Sciences of the Georgia Bureau of Investigation shall publish in its quality manuals the procedures for the collection and transfer of samples to such division pursuant to Code Section 35-3-154; to provide that personnel at a Department of Corrections facility shall implement the provisions of this Act as part of the regular processing of offenders; to provide that only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any sample of blood to be submitted for analysis; to provide under certain circumstances for a limitation on civil liability with respect to the taking of samples; to change the provisions relating to procedures for analysis and storage of samples and for the use of remainder of samples not subjected to analysis; to change the provisions relating to dissemination of information in the DNA data bank to law enforcement officials; to provide that the name of a convicted offender whose profile is contained in the data bank may be related to any other data bases which are constructed for law enforcement purposes and may be disseminated only for law enforcement purposes; to provide for a court order that a defendant in a criminal case have access to information in the data bank for comparison purposes in certain circumstances; to provide that the Georgia Bureau of Investigation may create a separate statistical data base comprised of DNA profiles of samples of persons whose identity is unknown; to change the provisions relating to expungement of a profile in the data bank upon reversal and dismissal of conviction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, is amended by striking in its entirety Code Section 24-4-60, relating to requirement for DNA analysis of blood of persons convicted of certain sex offenses, and inserting in lieu thereof a new Code Section 24-4-60 to read as follows:
"24-4-60.
Any person convicted of a criminal offense defined in Code Section 16-6-1, relating to the offense of rape; Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-3, relating to the offense of statutory rape; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; Code Section 166-5.1, relating to the offense of sexual assault against persons in custody, sexual assault against a person detained or a patient in a hospital or other institution, or sexual assault by a practitioner of psychotherapy against a patient; Code Section 16-6-6, relating to the offense of bestiality; Code Section 16-6-7, relating to the offense of necrophilia; or Code Section 16-6-22, relating to the offense of incest; shall have a sample of his or her blood, an oral swab, or a

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sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. In addition, on and after July 1, 2000, any person convicted of a felony and incarcerated in a state correctional facility shall at the time of entering the prison system have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2000, and who currently is incarcerated in a state correctional facility in this state for such offense but only when such a person is to be released from the state correctional facility. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony in this state prior to, on, or after July 1, 2000, and who is incarcerated in a private correctional facility in this state for such offense pursuant to a contract with the Department of Corrections but only when such a person is to be released from the private correctional facility. The analysis shall be performed by the Division of Forensic Sciences of the Georgia Bureau of Investigation. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 24-4-63. For the purposes of this Code Section, the term 'state correctional facility' means a penal institution under the jurisdiction of the Department of Corrections, including inmate work camps and inmate boot camps; provided, however, that such term shall not include a probation detention center, probation diversion center, or probation boot camp under the jurisdiction of the Department of Corrections."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 24-4-61, relating to the time and procedure for withdrawal of blood samples, and inserting in lieu thereof a new Code Section 24-4-61 to read as follows:
"24-4-61.
(a) Each sample required pursuant to Code Section 24-4-60 from persons who are to be incarcerated shall be withdrawn within the first 30 days of incarceration at the receiving unit or at such other place as is designated by the Department of Corrections. Each sample required pursuant to Code Section 24-4-60 from persons who are to be released from a state correctional facility or private correctional facility shall be withdrawn within the 12 months preceding such person's release at a place designated by the Department of Corrections. The required samples from persons who are not sentenced to a term of confinement shall be withdrawn as a condition of probation at a time and place specified by the sentencing court. The Division of Forensic Sciences of the Georgia Bureau of Investigation shall publish in its quality manuals the procedures for the collection and transfer of samples to such division pursuant to Code Section 35-3-154. Personnel at a Department of Corrections facility shall implement the provisions of this Code section as part of the regular processing of offenders.
(b) Samples collected by oral swab or by a noninvasive procedure may be collected by any individual who has been trained in the procedure. Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any sample of blood to be submitted for analysis. No civil liability shall attach to any person authorized to withdraw blood take a sample as provided in this article as a result of the act of withdrawing blood taking a sample from any person submitting thereto, provided the blood sample was withdrawn taken according to recognized medical medically accepted procedures. However, no person shall be relieved from liability for negligence in the withdrawing of any blood sample.
(b)(c) Chemically clean sterile disposable needles and vacuum draw tubes shall be used for the withdrawal of all samples of blood. The containers tube for blood samples, oral swabs, and the samples obtained by noninvasive procedures shall be sealed and labeled with the subject's name, social security number, date of birth, race, and gender plus the name of the person collecting the sample and the date and place of collection. The containers tubes shall be secured to prevent tampering with the contents. The steps set forth in this subsection relating to the taking, handling, identification, and disposition of blood samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be transported to the Division of Forensic Sciences not more than 15 days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with Code Sections 24-4-62 and 24-4-63."

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SECTION 3.
Said article is further amended by striking in its entirety Code Section 24-4-62, relating to the procedure for analysis and storage of blood samples, and inserting in lieu thereof a new Code Section 24-4-62 to read as follows:
"24-4-62.
Whether or not the results of an analysis are to be included in the data bank, the bureau shall conduct the DNA analysis in accordance with procedures adopted by the bureau to determine identification characteristics specific to the individual whose sample is being analyzed. The director of the Georgia Bureau of Investigation or his or her designated representative shall complete and maintain on file a form indicating the name of the person whose sample is to be analyzed, the date and by whom the blood sample was received and examined, and a statement that the seal on the tube container containing the sample had not been broken or otherwise tampered with. The remainder of a blood sample submitted for analysis and inclusion in the data bank pursuant to Code Section 24-4-60 may be divided, if possible, labeled as provided for the original sample, and securely stored by the bureau in accordance with specific procedures of the bureau to ensure the integrity and confidentiality of the samples. All or part of the remainder of that sample may be used only to create a statistical data base provided no identifying information on the individual whose sample is being analyzed is included or for retesting by the bureau to validate or update the original analysis. A report of the results of a DNA analysis conducted by the bureau as authorized, including the identifying information, shall be made and maintained at the bureau. Except as specifically provided in this Code section and Code Section 24-4-63, the results of the analysis shall be securely stored and shall remain confidential."
SECTION 4.
Said article is further amended by striking in its entirety Code Section 24-4-63, relating to dissemination of information in the data bank to law enforcement officials, and inserting in lieu thereof a new Code Section 24-4-63 to read as follows:
"24-4-63.
(a) It shall be the duty of the bureau to receive blood samples and to analyze, classify, and file the results of DNA identification characteristics profiles of blood samples submitted pursuant to Code Section 24-4-60 and to make such information available as provided in this Code section. The results of an analysis and comparison of the identification of the characteristics from two or more biological samples shall be made available directly to federal, state, and local law enforcement officers upon a request made in furtherance of an official investigation of any criminal offense. A request may be made by personal contact, mail, or electronic means. The name of the requestor and the purpose for which the information is requested shall be maintained on file with the bureau.
(b)(1) Upon his or her request, a copy of the request for search shall be furnished to any person identified and charged with an offense as the result of a search of information in the data bank. Only when a sample or DNA profile supplied by the requestor satisfactorily matches the requestor's profile in the data bank shall the existence of data in the data bank be confirmed or identifying information from the data bank be disseminated.
(2) The name of the convicted offender whose profile is contained in the data bank may be related to any other data bases which are constructed for law enforcement purposes and may be disseminated only for law enforcement purposes.
(3) A superior court having proper jurisdiction may order that a defendant in a criminal case have access to information in the data bank for comparison purposes upon a showing that access would be material to the investigation, preparation, and presentation of a defense at trial or material to the investigation, preparation, and presentation of a motion for a new trial.
(c) The bureau shall develop procedures governing the methods of obtaining information from the data bank in accordance with this Code section and procedures for verification of the identify and authority of the requestor. The

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bureau shall specify the positions in that agency which require regular access to the data bank and sample samples submitted as a necessary function of the job.
(d) The bureau may create a separate statistical data base comprised of DNA profiles of blood samples of persons whose identity is unknown. Nothing in this Code section or Code Section 24-4-64 shall prohibit the bureau from sharing or otherwise disseminating the information in the statistical data base with law enforcement or criminal justice agencies within or outside the state.
(e) The bureau may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law enforcement agency outside of the state."
SECTION 5.
Said article is further amended by striking in its entirety Code Section 24-4-65, relating to expungement of profile in data bank upon reversal and dismissal of conviction, and inserting in lieu thereof a new Code Section 24-4-65 to read as follows:
"24-4-65.
A person whose DNA profile has been included in the data bank pursuant to this article may request that it be expunged on the grounds that the felony conviction on which the authority for including his or her DNA profile was based has been reversed and the case dismissed. The bureau shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a written request that such data be expunged, pursuant to this Code section, and a certified copy of the court order reversing and dismissing the conviction."
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS AND ACCOUNTS
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400
February 7, 2000
The Honorable Mark Taylor Lieutenant Governor State Capitol, Room 240 Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 318 (LC 22 3912S)
Dear Lieutenant Governor:
This bill would change the requirements relating to DNA (deoxyribonucleic acid) analysis of convicted felons. This bill would require DNA analyses to be conducted on all people convicted of a felony and incarcerated after July 1, 2000. In addition, DNA analyses would be conducted on all convicted felons who are incarcerated in state correctional facilities as of July 1, 2000. Felons incarcerated on July 1, 2000, would be tested as they are released. Currently, only people convicted of certain sex offenses are required to have samples taken for DNA analysis. This bill also outlines the procedures for performing and recording the results of the DNA analyses.

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This bill would increase costs to the State by approximately $2.2 million in Fiscal Year 2001. This cost includes approximately $1.3 million for test kits (37,000 additional felons at $35 per kit) and about $400,000 for additional personnel needed to perform analyses. In addition, the State would be responsible for a one-time cost of approximately $500,000 for equipment and training.
The cost to the State in Fiscal Year 2002 would be approximately $1.6 million. The cost for Fiscal Year 2002 would include $1.2 million for test kits and $400,000 for personnel costs. This cost would continue to decrease in subsequent years until all the felons incarcerated on July 1, 2000, have been released.
Sincerely, /s/ Russell W. Hinton State Auditor
/s/ Bill Tomlinson, Director Office of Planning and Budget
Senator Hecht of the 34th offered the following amendment:
Amend the Senate committee substitute to SB 318 as follows:
On page 3, On line 20, strike the words "prior to".
And on page 3, on line 23, place a comma after "corrections" and strike the remainder of the sentence and insert after "corrections," the following:
"upon entering the facility and for any person convicted of a felony prior to July 1, 2000 and who is incarcerated in a private correctional facility in this state pursuant to contract with the Department of Corrections upon release."
On the adoption of the amendment, the yeas were 38, nays 0, and amendment was adopted.
Senator Hecht of the 34th offered the following amendment:
Amend the Senate committee substitute to SB 318 as follows:
On page 6, line 38, strike "information" and insert in lieu thereof "his/her DNA profile".
On the adoption of the amendment, the yeas were 46, nays 0, and the Hecht amendment #2 was adopted.
Senators Crotts of the 17th, Perdue of the 18th, Price of the 28th, and others offered the following amendment:
Amend the substitute to SB 318 by adding on line 21 of page 1 after the word and symbol "Corrections;" the following:
"to provide for payment of the costs of such oral swabs or such samples taken through a noninvasive procedure from the inmate account of the person from whom the sample was taken;".
By striking line 40 of page 3 and inserting in lieu thereof the following:
"Department of Corrections. The cost of such oral swab or taking such sample through a noninvasive procedure shall be paid from funds available in the person's inmate account upon the person's release or from funds earned by the person and subsequently placed in that person's inmate account.'".
On the adoption of the amendment, Senator Crotts of the 17th, called for the yeas and nays; the call was sustained, and the vote was as follows:

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

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

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

On the adoption of the amendment, the yeas were 52, nays 0, and the Crotts et al., amendment was adopted.

On the adoption of the substitute, the yeas were 51, nays 0, and the committee 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 Y Brown 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,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

SB 327. By Senators Starr of the 44th, Walker of the 22nd and Gillis of the 20th:

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A bill to be entitled an Act to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, so as to specify a period of time within which the director must act on permit and variance applications; to provide that when the director does not either grant or deny a permit or variance application within the time specified for the director to do so, the director shall refund any fees submitted with the application; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Natural Resources Committee offered the following substitute to SB 327:
A BILL
To be entitled an Act to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, so as to specify a period of time within which the director must act on permit and variance applications; to provide that when the director does not either grant or deny a permit or variance application within the time specified for the director to do so, the director shall refund any fees submitted with the application; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, is amended by striking paragraph (1) of subsection (c) and inserting in its place a new paragraph to read as follows:
"(c)(1) The director shall issue all orders and shall grant, deny, revoke, or amend all permits or variances provided for in the laws to be enforced by the division. The director shall also issue any certification which is required by any law of this state or the United States to be issued by the director, the Department of Natural Resources, or the State of Georgia relating to pollution control facilities or matters. The director shall notify all permit or variance applicants within 30 days of receipt of the application as to the completeness of the application and, if the director finds the same to be incomplete, what specific additional materials the applicant need submit to make the application complete. The director shall grant or deny any permit or variance within 90 days after receipt of all required application materials by the division, provided that the director may for any application order not more than one extension of time of not more than 60 days within which to grant or deny the permit or variance. When any application for a permit or variance is pending before the director and the director has not either granted or denied the permit or variance within the time specified for the director to do so, the director shall immediately refund any and all fees which were required to be submitted by the applicant as a condition of the permit application, except for fees required to be levied pursuant to federal law. Such fee refund shall not otherwise affect the application process, and the application shall be granted, denied, or otherwise handled as it otherwise would have been, except that the fee requirement shall be waived."
SECTION 2.
This Act shall become effective July 1, 2000, and shall apply with respect to applications pending on that effective date as well as applications submitted on or after that effective date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, 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:

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303

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden N Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 52, nays 1.

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

SB 343. By Senator Madden of the 47th:

A bill to be entitled an Act to amend Article 3 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to construction and operation of waterworks and sanitary sewage systems, so as to provide that any private entity shall obtain the consent of the governing authority of a political subdivision before exercising condemnation rights within such jurisdiction; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Natural Resources Committee offered the following amendment:

Amend SB 343 by striking "person" and inserting "person nongovernmental entity" on line 19 of page 1.

By striking "person" and inserting "entity" on line 30 of page 1.

On the adoption of the amendment, the yeas were 38, nays 0, and the committee 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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E
Kemp Y Ladd Y Lamutt

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley

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

Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

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

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

SB 347. By Senators Lee of the 29th and Stephens of the 51st:

A bill to be entitled an Act to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, so as to change the provisions relating to sanctions and the imposition of sanctions on certain municipalities; to provide for the submission and approval of strategies by certain counties and municipalities; to repeal conflicting laws; and for other purposes.

Senator Thomas of the 10th moved that SB 347 be placed on the Table.

On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

On the motion the yeas were 11, nays 41; the motion lost, and SB 347 was continued upon its passage.

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 Harbison Y Hecht Y Hill

Y Price,R Y Price,T Y Ragan

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Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts N Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 47, nays 6.

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

Senator Jackson of the 50th introduced the doctor of the day, Dr. Kathy Easterling.

Senator Tate of the 38th introduced Mr. Lyndon Wade, commended by SR 479, adopted previously.

The Calendar was resumed.

SB 377. By Senators Hecht of the 34th, Scott of the 36th, Kemp of the 3rd and Meyer von Bremen of the 12th:

A bill to be entitled an Act to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firemen who become physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty while fighting a fire; to provide a conditional effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following amendment:

Amend Senate Bill 377 by striking in their entirety lines 18 and 19 of page 5 and inserting in lieu thereof the following:

"be subordinate to any workers' compensation benefits, disability and other compensation benefits from the person's employer which the".

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

Senator Hecht of the 34th offered the following amendment:

Amend SB 377 on page 4 line 19 inserting after the term "includes" the following:

"Prison Guards as defined under Code Section 45-9-81 and"

On the adoption of the amendment, the yeas were 35, 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 as amended.

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

Y Balfour Y Blitch Y Bowen Y Broun N Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 51, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended. SB 383. By Senators Starr of the 44th, Walker of the 22nd, Stokes of the 43rd and others:

A bill to be entitled an Act to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to change the date on which the commission shall be terminated; to amend an Act creating the State Commission on Family Violence, approved April 16, 1992 (Ga. L. 1992, p. 1810), as amended, particularly by an Act approved April 2, 1996 (Ga. L. 1996, p. 449), so as to repeal provisions of said Act formerly governing the termination of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort

Y Harbison Y Hecht Y Hill
Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable

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

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Y Gillis Y Gingrey Y Golden Y Guhl

Y Meyer v Bremen Y Perdue Y Polak

Y Thompson Walker
Y Williams

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

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

SB 389. By Senator Gillis of the 20th:

A bill to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to provide that persons 14 and 15 years of age may operate any type of vessel in the waters of the state under certain conditions; to change certain provisions relating to muffling internal combustion engines on vessels; to repeal conflicting laws; and for other purposes.

The Senate Natural Resources Committee offered the following amendment: Amend SB 389 by adding "or fixed" immediately following "mechanical" on line 16 of page 2.

On the adoption of the amendment, the yeas were 31, 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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

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

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

On the passage of the bill, the yeas were 52, nays 1.

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

The State Senate Atlanta, Georgia 30334

February 7, 2000

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TO:

Frank Eldridge

Secretary of the Senate

FROM: Senator George Hooks District 14

This is formal notice that I voted in the affirmative on Senate Bill 260 today. The machine obviously did not record my vote and I would like to have it in the official record.

Thank you for your assistance in this matter.

SB 390. By Senators Fort of the 39th, Kemp of the 3rd and Smith of the 25th:

A bill to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for enhanced sentences in any case in which the judge imposing the sentence determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of the actual or perceived race, color, religion, national origin, ancestry, ethnicity, gender, disability, or sexual orientation of the victim or any person associated with the victim, or with the property which is the object of the offense; to provide a short title; to provide procedures under which such enhanced sentences may be sought; to repeal conflicting laws; and for other purposes.

Senator Fort of the 39th asked unanimous consent that SB 390 be dropped to the foot of the calendar. The consent was granted and SB 390 was placed at the foot of the Senate Calendar for today.

SR 204. By Senators Hecht of the 34th, Broun of the 46th, Gillis of the 20th and Starr of the 44th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide a program of compensation for law enforcement officers who become physically disabled as a result of physical injury incurred in the line of duty and caused by a willful act of violence, which program shall authorize the officer to receive his or her regular compensation for the period of time that the officer is unable to perform the duties of his or her employment, not exceeding 12 months; to provide certain exceptions and limitations with respect to such program of compensation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article III, Section VI, Paragraph VI of the Constitution is amended by striking subparagraph (e) in its entirety and inserting in lieu thereof a new subparagraph (e) to read as follows:

"(e)(1) The General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both.

(2) The General Assembly may provide by law for a program of compensation for line of duty injuries incurred by law enforcement officers. Any law enforcement officer who becomes physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty and caused by a willful act of violence shall be entitled to receive his or her regular compensation for the period of time that the law enforcement officer is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided in this subparagraph shall not be granted for more than a total of 12 months for injuries resulting from a single incident.

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A law enforcement officer shall be required to submit to his or her department head satisfactory evidence of such disability. Benefits made available under this subparagraph shall be subordinate to any workers' compensation benefits which the law enforcement officer is awarded and shall be limited to the difference between the amount of workers' compensation benefits actually paid and the amount of the law enforcement officer's regular compensation. Any law enforcement officer who receives indemnification under subparagraph (1) of this subparagraph (e) shall not be entitled to any compensation under this subparagraph."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide a program of compensation for law enforcement officers who become physically disabled as a result of physical injury incurred in the line of duty and caused by a willful act of violence, which program shall authorize the officer to receive his or her regular compensation for the period of time that the officer is unable to perform the duties of his or her employment, not exceeding 12 months?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Judiciary Committee offered the following substitute to SR 204:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firemen who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty while fighting a fire, which program shall entitle an injured law enforcement officer or fireman to receive monthly compensation from the state in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or fireman is physically unable to perform the duties of his or her employment, not exceeding 12 months; to provide certain exceptions and limitations with respect to such program of compensation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III, Section VI, Paragraph VI of the Constitution is amended by striking subparagraph (e) in its entirety and inserting in lieu thereof a new subparagraph (e) to read as follows:
"(e)(1) The General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both.

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(2) The General Assembly may provide by law for a program of compensation for injuries incurred by law enforcement officers and firemen in the line of duty. A law enforcement officer who becomes physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty and caused by a willful act of violence and a fireman who becomes physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty while fighting a fire shall be entitled to receive monthly compensation from the state in an amount equal to any such person's regular compensation for the period of time that the law enforcement officer or fireman is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided in this subparagraph shall not be granted for more than a total of 12 months for injuries resulting from a single incident. A law enforcement officer or fireman shall be required to submit to a state agency satisfactory evidence of such disability. Benefits made available under this subparagraph shall be subordinate to workers' compensation benefits, disability and other compensation benefits from an employer which the law enforcement officer or fireman is awarded and shall be limited to the difference between the amount of workers' compensation benefits, disability and other compensation benefits actually paid and the amount of the law enforcement officer's or fireman's regular compensation. Any law enforcement officer or fireman who receives indemnification under subparagraph (1) of this subparagraph (e) shall not be entitled to any compensation under this subparagraph."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firemen who become physically disabled, but not permanently disabled, as a result of physical injury incurred while fighting a fire which, program shall entitle an injured law enforcement officer or fireman to receive monthly compensation from the state in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or fireman is physically unable to perform the duties of his or her employment, not exceeding 12 months and with certain exceptions?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch
Bowen Y Broun Y Brown Y Brush Y Burton

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr

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

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

On the adoption of the resolution, the yeas were 54, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

The following communications were received by the Secretary:

OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol
Atlanta, Georgia 30334

February 8, 2000

Mr. Paul Lynch Legislative Fiscal Office 434 State Capitol Atlanta, Georgia 30334

Dear Paul:

Pursuant to my authority under Senate Resolution 3, please remove Senator Tom Price from the Special Judiciary Committee and add to the Rules Committee.

Please call me or Bob Callaway of my staff if you have questions. Thank you for your assistance with this matter.

Sincerely, /s/ Mark Taylor

Mr. Paul Lynch Legislative Fiscal Office 434 State Capitol Atlanta, Georgia 30334
Dear Paul:

OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol
Atlanta, Georgia 30334
February 8, 2000

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Pursuant to my authority under Senate Resolution 3, please remove Senator Bart Ladd from the Special Judiciary Committee and add to the Transportation Committee.
Please call me or Bob Callaway of my staff if you have questions. Thank you for your assistance with this matter.
Sincerely, /s/ Mark Taylor
Senator Walker of the 22nd moved that the Senate adjourn until 9:30 a.m. tomorrow.
The motion prevailed, and at 11:50 a.m., the President announced the Senate adjourned.

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313

Senate Chamber, Atlanta, Georgia Wednesday, February 9, 2000 Sixteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1331.

By Representative Houston of the 166th: A bill to provide a new charter for the City of Lenox.

HB 1344.

By Representative Lord of the 121st: A bill to provide a new charter for the City of Stapleton.

HB 1135. HB 542.

By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:
A bill to amend Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, so as to change certain provisions regarding preferences to certain economically depressed counties.
By Representatives Heard of the 89th, Hugley of the 133rd, Taylor of the 134th and others:
A bill to amend Code Section 10-5B-4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities with respect to telemarketing, so as to make it unlawful for certain persons who make telephone offers to sell or telephone sales in this state to fail to state clearly the name and telephone number of the business initiating the call within the first 25 seconds of the call and at the conclusion of the call.

HB 1273.

By Representatives Buck of the 135th, Dixon of the 168th, Epps of the 131st and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for a limit on the quantities of alcoholic beverages which an individual may possess and transport in this state if such alcoholic beverages were purchased in this state and the excise taxes were paid in this state; to authorize the direct shipment of wine to consumers in this state from outside this state upon obtaining a special order shipping license from the commissioner of revenue.

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HB 1184.

By Representatives Orrock of the 56th, Smith of the 109th, Martin of the 47th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change a provision relating to the presumed dependency of the husband or wife of a deceased employee; to authorize the Board of Workers' Compensation to approve a no-liability stipulated settlement between parties; to authorize agreements for lump sum settlements prorated over the life expectancy of the injured employee.

HB 1264.

By Representative Bordeaux of the 151st:

A bill to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, so as to require reports of collections; to provide for penalties.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 68. HB 331.

By Representatives Birdsong of the 123rd, Porter of the 143rd, Jamieson of the 22nd and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide for instructional activity relating to the Presidents of the United States on President's Day of each year; to provide for instructional activity relating to Veterans Day.
By Representatives Powell of the 23rd, McCall of the 90th, Parham of the 122nd and others:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, 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 entertainment events at a price in excess of the price printed on the ticket.

The House insists on its position in substituting the following bill of the Senate:

SB 30.

By Senators James of the 35th and Butler of the 55th:

A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 429. By Senators Tanksley of the 32nd, Thompson of the 33rd, Johnson of the 1st and Perdue of the 18th:

A bill to be entitled an Act to amend Chapter 10 of Title 17 and Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating respectively to sentence and punishment and penal institutions, so as to change provisions for earned time allowances based upon institutional behavior for certain inmates confined as county inmates for probation violations of felony offenses or after conviction for certain offenses and misdemeanors; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Corrections, Correctional Institutions and Property.

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315

SB 430. By Senators Walker of the 22nd and Dean of the 31st:
A bill to be entitled an Act to amend Code Section 43-15-3 of the Official Code of Georgia Annotated, relating to the creation of the State Board of Registration for Professional Engineers and Land Surveyors, so as to change the number of members of said board; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 431. By Senator Polak of the 42nd:
A bill to be entitled an Act to amend Article 2 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to contracts for preneed funeral services, so as to provide that funds deposited pursuant to a preneed funeral services contract be held in an insured depository institution as that term is defined in federal law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banking and Financial Institutions.
SB 432. By Senators Polak of the 42nd, Thomas of the 10th and Thomas of the 54th:
A bill to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for additional disclosures in managed care plans and preferred provider arrangements; to provide for physician fees and negotiations in such plans and arrangements; to provide for denial of services in such plans and arrangements and provide for appeals of such denials; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
SB 433. By Senators Polak of the 42nd, Fort of the 39th and Egan of the 40th:
A bill to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, so as to change certain provisions relating to operation of electrical cogeneration facilities and sales of energy therefrom; to provide for a program of net energy metering for operators of certain solar electrical cogeneration facilities; to provide legislative findings and declarations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SR 538. By Senator Madden of the 47th:
A resolution urging simplicity and fairness in the application of sales and use taxes to all sellers in Georgia; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SR 539. By Senator Madden of the 47th:
A resolution urging Congressional support of the proposed "State and Local Government Economic Empowerment Act"; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).

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The following bills of the House were read the first time and referred to committees:
HB 542. By Representatives Heard of the 89th, Hugley of the 133rd, Taylor of the 134th and others:
A bill to amend Code Section 10-5B-4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities with respect to telemarketing, so as to make it unlawful for certain persons who make telephone offers to sell or telephone sales in this state to fail to state clearly the name and telephone number of the business initiating the call within the first 25 seconds of the call and at the conclusion of the call; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
HB 1135. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:
A bill to be entitled an Act to amend Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, so as to change certain provisions regarding preferences to certain economically depressed counties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development, Tourism and Cultural Affairs.
HB 1184. By Representatives Orrock of the 56th, Smith of the 109th, Martin of the 47th and others:
A bill to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change a provision relating to the presumed dependency of the husband or wife of a deceased employee; to authorize the Board of Workers' Compensation to approve a no-liability stipulated settlement between parties; to authorize agreements for lump sum settlements prorated over the life expectancy of the injured employee; to decrease from 60 days to 30 days the length of time in which a payor may make payment of medical charges; to allow income benefits to be paid by electronic funds transfer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
HB 1264. By Representative Bordeaux of the 151st:
A bill to be entitled an Act to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, so as to require reports of collections; to provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1273. By Representatives Buck of the 135th, Dixon of the 168th, Epps of the 131st and others:
A bill to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for a limit on the quantities of alcoholic beverages which an individual may possess and transport in this state if such alcoholic beverages were purchased in this state and the excise taxes were paid in this state; to authorize the direct shipment of wine to consumers in this state from outside this state upon obtaining a special order shipping license from the commissioner of revenue; to provide for quantity limits; to provide for procedures; to require collection and remission of applicable excise taxes; to authorize the commissioner of revenue to promulgate appropriate rules and regulations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.

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317

HB 1331. By Representative Houston of the 166th:

A bill to be entitled an Act to provide a new charter for the City of Lenox; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore or vice mayor and certain duties, powers, and other matters relative thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1344. By Representative Lord of the 121st:

A bill to be entitled an Act to provide a new charter for the City of Stapleton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 407. Do pass as amended. SB 357. Do pass.

Respectfully submitted, Senator Hecht of the 34th District, Chairman

Mr. President:

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

SR 412. Do pass as amended. SR 416. Do pass by substitute. SB 354. Do pass.

Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President:

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

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SR 502. Do pass. SR 503. Do pass. SR 504. Do pass. SR 514. Do pass. SR 516. Do pass. SB 335. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Higher Education 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:

HB 634. Do pass. SB 336. Do pass by substitute.

Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President:

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

SB 300. Do pass by substitute. HB 172. Do pass by substitute.

Respectfully submitted, Senator Madden of the 47th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under 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:

HB 1297. Do pass. SB 351. Do pass by substitute.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

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

SB 359. Do pass. SR 388. Do pass by substitute. SR 403. Do pass. HB 455. Do pass. HB 1153. Do pass.

Respectfully submitted, Senator Streat of the 19th District, Chairman

Wednesday, February 9, 2000

319

The following bills were read the second time:

SB 315 SB 346 SB 397 SB 405

HB 401 HB 1235 HB 1260

The roll was called and the following Senators answered to their names:

Balfour Bowen Broun Brown Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden

Guhl Harbison Hecht Hill Hooks Huggins Jackson Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer v Bremen Perdue

Those not answering were:

Blitch James Price, R. Scott

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

The following member was off the floor of the Senate when the roll was called and wishes to be recorded as present: Senator Price of the 28th The following communication was received by the Secretary: To: Mr. Frank Eldridge, Jr., Secretary of the Senate From: Ms. Karen Thompson, secretary Date: Thursday, February 10, 2000 This is to inform you that Senator Donzella J. James of the 35th was absent on Wednesday, February 9, 2000 due to a doctor's appointment out of state. Please excuse her for the day. Thank you. The members pledged allegiance to the flag.

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Prayer was offered by Reverend Dr. Stafford Wicker of Stone Mountain, Georgia.
The following resolutions were read and adopted:
SR 528. By Senators Golden of the 8th and Meyer von Bremen of the 12th: A resolution recognizing LaVerne and Frank Golden on their 50th wedding anniversary; and for other purposes.
SR 529. By Senator Ragan of the 11th:
A resolution commending William T. Harrell; and for other purposes.
SR 530. By Senators Hooks of the 14th, Gillis of the 20th, Dean of the 31st and others: A resolution recognizing February 12, 2000, as Georgia Day in celebration of the establishment of the Colony of Georgia; and for other purposes.
SR 531. By Senators Ragan of the 11th, Meyer von Bremen of the 12th, Perdue of the 18th and others:
A resolution recognizing the Georgia peanut industry and the Georgia Peanut Producers Association; and for other purposes
SR 532. By Senator Streat of the 19th:
A resolution commending Agent Greg Harvey of the Georgia Bureau of Investigation; and for other purposes.
SR 533. By Senator Streat of the 19th: A resolution commending Trooper First Class Lisa Stocks of the Georgia State Patrol; and for other purposes.
SR 534. By Senator Streat of the 19th:
A resolution honoring the life of Patrolman James Bryant of the Broxton Police Department and expressing condolences to his family; and for other purposes.
SR 535. By Senator Streat of the 19th:
A resolution commending Captain Kenny Hancock of the Georgia State Patrol; and for other purposes. SR 536. By Senator Streat of the 19th:
A resolution honoring the life of Deputy Almond Merritt of the Coffee County Sheriff's Department and expressing condolences to his family; and for other purposes.
SR 537. By Senators Polak of the 42nd, Ladd of the 41st, Stokes of the 43rd and others:
A resolution recognizing and commending Scoutmaster Josiah V. Benator; and for other purposes.
The following local, uncontested bill, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Wednesday, February 9, 2000

321

Wednesday, February 9, 2000 Sixteenth Legislative Day
(The name listed with the bill is the Senator whose district is affected by the legislation.)

HB 1297

Land of the 16th Harbison of the 15th CITY OF COLUMBUS

A bill to be entitled an Act to amend an Act providing for a new charter for the countywide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to change certain provisions regarding the establishment of tax and service districts; to change certain provisions regarding the levy and collection of ad valorem taxes within such districts; to provide for certain millage rollbacks; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

On the passage of the local bill, the yeas were 46, nays 1.

The bill on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

SENATE RULES CALENDAR

Wednesday, February 9, 2000 SIXTEENTH LEGISLATIVE DAY

SB 390 HB 1141

Anti-domestic Terrorism Act-provide (Judy-39th) (ENGROSSED) Cooperative marketing associations; rights and powers (Ag-11th) Reaves-178th

SB 330 Livestock Disease-fees for services by Agriculture Department (Ag-11th)

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SB 295 Local Governing Authorities-codification of ordinances (SLGO-G-34th)

SB 331 Agricultural Products Dealers-relating to certain food establishment exemption (Ag-11th)

SR 467 Mississippi River/Gulf of Mexico Watershed Nutrient Task Force- relating to (Ag-11th)

SR 478 SR 172

Congress-urge address monetary assessments on peanut growers (Ag-11th) Governor's Council on Developmental Disabilities-recognize efforts (Substitute) (V&CA-42nd)

HB 1124 Fish caught by gill net; prohibit; exceptions (Amendment) (Nat R-20th) Lane-146th

Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee

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

SB 390.

By Senators Fort of the 39th, Kemp of the 3rd and Smith of the 25th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for enhanced sentences in any case in which the judge imposing the sentence determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of the actual or perceived race, color, religion, national origin, ancestry, ethnicity, gender, disability, or sexual orientation of the victim or any person associated with the victim, or with the property which is the object of the offense; to provide a short title; to provide procedures under which such enhanced sentences may be sought; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

On the passage of the bill, the yeas were 30, nays 23.

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323

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

HB 1141. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to be entitled an Act to amend Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Cooperative Marketing Act," so as to change the provisions relating to the rights and powers of cooperative marketing associations and their boards of directors; to provide boards with the ability to amend, repeal, and adopt new bylaws in certain circumstances; to allow persons who are not members or shareholders of a cooperative marketing association to be directors of such association; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Ragan of the 11th.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

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

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

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

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

SB 330.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th, Blitch of the 7th and Jackson of the 50th:

A bill to be entitled an Act to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, so as to authorize the Commissioner of Agriculture to establish, impose, and collect fees for certain services rendered by the Department of Agriculture pursuant to certain federal laws and regulations; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

On the passage of the bill, the yeas were 48, nays 0.

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

Senator Thompson of the 33rd introduced the doctor of the day, Dr. David Cohen.

The Calendar was resumed.

SB 295. By Senators Hecht of the 34th, Kemp of the 3rd, Lee of the 29th, Polak of the 42nd and others:

A bill to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to require each local governing authority to prepare and compile a general codification of all ordinances of such local governing authority having the force and effect of law; to provide for amendments; to provide for printing and distribution; to establish the State Law Library as the official state repository of such codes; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan

Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden

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

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Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Thomas,R Y Thompson Y Walker Y Williams

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

The bill, having received the requisite constitutional majority, was passed. Senator Walker of the 22nd moved that the Senate adjourn until 9:30 a.m. tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 12:05 p.m.

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Senate Chamber, Atlanta, Georgia Thursday, February 10, 2000 Seventeenth Legislative Day
The Senate met pursuant to adjournment at 9:30 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 988. HB 340. HB 1206. HB 905.
HB 1258.

By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to amend Code Section 47-2-245 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for secretaries of appellate court judges, so as to provide creditable service for prior service as secretaries of superior court judges.
By Representative Wiles of the 34th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage.
By Representatives Scheid of the 17th, Stuckey of the 67th, Squires of the 78th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide training requirements for clerks of the juvenile courts; to provide for clerks pro tempore.
By Representatives Barnes of the 97th, Benefield of the 96th, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to make it unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if the other person is lawfully acting within the course and scope of employment and the person has knowledge or reason to know that the other person is employed as a peace officer, correctional officer, probation officer, parole supervisor, or juvenile correctional officer.
By Representatives Martin of the 47th and Allen 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.

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327

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

SB 385.

By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to be entitled an Act to amend an Act creating the Chatham Area Transit Authority, as amended, so as to provide for an additional citizen member of the authority who shall be chosen from the disabled community; to provide for related matters; to repeal conflicting laws.

The House has agreed to the Senate amendments to the following bills of the House:

HB 260.

By Representatives Channell of the 111th, Parrish of the 144th, Hudson of the 120th and others:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the conditions regarding loan and scholarship repayment; to change the provisions regarding signing of contracts.

HB 496.

By Representatives Martin of the 145th, Day of the 153rd, Bunn of the 74th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the criteria for eligibility for special license plates for persons with disabilities.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 670.

By Representatives Harbin of the 113th, Golick of the 30th, Channell of the 111th and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance generally, so as to provide for required information to be provided on certain health policy insurance cards.

HB 171.

By Representatives Pelote of the 149th, Orrock of the 56th, Campbell of the 42nd and others:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, so as to provide that the Department of Education shall establish a course of rape prevention and personal safety; to encourage the Board of Regents of the University System of Georgia to adopt a similar course.

HB 597.

By Representatives Hammontree of the 4th and Shanahan of the 10th:
A bill to amend Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, so as to require clerks of superior courts to maintain and make readily available to the public printed copies of the real estate grantor and grantee indices.

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

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SR 524.

By Senator Thompson of the 33rd:

A resolution recognizing and commending Home Depot for its environmental leadership.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 434. By Senators Polak of the 42nd and Lamutt of the 21st:

A bill to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the regulation of alcoholic beverages generally, so as to provide for the delivery to consumers of malt beverages and wine by licensed retail grocers engaged in electronic commerce over the Internet; to provide for legislative findings; to provide for definitions; to provide for conditions and limitations; to provide for the powers, duties, and authority of the state revenue commissioner; to provide for sanctions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Defense, Science and Technology.

SB 435. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:

A bill to be entitled an Act to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to change certain provisions relating to authority composition and appointment, terms and qualifications of members, filling of vacancies, election of officers, and quorum; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Economic Development, Tourism and Cultural Affairs.

SB 436. By Senators Johnson of the 1st and Egan of the 40th:

A bill to be entitled an Act to amend Code Section 1-3-3 of the O.C.G.A., relating to definitions of terms in the O.C.G.A., so as to define the term "statutory overnight delivery"; to amend Code Section 910-12 of the O.C.G.A., relating to delivery of notices by certified or registered mail, so as to provide for delivery of notices by overnight delivery through the postal service or a commercial delivery service; to define and authorize delivery by "statutory overnight delivery"; to provide for references in laws, statutes, Code sections, ordinances, rules, and regulations; to amend numerous provisions of the O.C.G.A. so as to authorize delivery in such manner of notices previously required to be delivered by registered or certified mail; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 437. By Senators Ray of the 48th and Burton of the 5th:

A bill to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4160), so as to clarify a provision relating to the compensation of judges of such court; to provide that such judges shall continue to receive ordinary and routine benefits for employees of the county; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

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SB 438. By Senators Brown of the 26th, Madden of the 47th and Golden of the 8th:
A bill to be entitled an Act to amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, so as to change certain provisions relating to requirements for license for transaction of business, fees, change of address, and examination of applicants; to change certain provisions relating to maintenance of records of transactions by licensees and examination of records by the Commissioner of Insurance; to change certain provisions relating to form, contents, execution, and delivery of premium finance agreements; to change certain provisions relating to service charges; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
SB 439. By Senators Meyer von Bremen of the 12th, Lee of the 29th and Ragan of the 11th:
To be entitled an Act to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning administrative procedure, so as to provide for additional definitions; to change certain time limits for the giving of notice concerning the adoption, amendment, or repeal of rules; to change certain provisions relating to providing copies of proposed rules to the legislative counsel; to change the requirements relating to the Secretary of State and the keeping of files and records; to change the provisions relating to the effective date of rules; to provide for the publication of rules, compilations, and bulletins in print and electronically; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 440. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Medical Center Authority; to provide for a short title and definitions; to confer powers and impose duties on the authority; to provide for the membership and the appointment and confirmation of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, removal, organization, meetings, and expenses; to provide for corporate purpose; to prohibit authority employees and members from having certain interests and engaging in certain conduct and provide for certain disclosures, sanctions, and penalties; to provide for venue and jurisdiction; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
SB 441. By Senator Brush of the 24th:
A bill to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of McDuffie County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SB 442. By Senator Ray of the 48th:
A bill to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4708), so as to provide for an additional judge for the State Court of Gwinnett County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

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SB 443. By Senators Fort of the 39th and Walker of the 22nd:
A bill to be entitled an Act to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Office of Housing, so as to provide that single family affordable housing constructed on or after July 1, 2000, with state or federal funds awarded by the State Office of Housing shall contain certain features to make such housing more accessible to persons with mobility impairments; to authorize the State Office of Housing to grant certain waivers; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
SB 444. By Senator Polak of the 42nd:
A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to define certain terms; to provide that prior to opening a customer account, a day trading firm must provide a certain disclosure statement and determine whether day trading is appropriate for the customer; to provide a disclosure statement; to provide for an alternate statement; to provide that certain exemptions from registration with the commissioner of securities shall not apply to day trading firms; to provide certain unlawful practices; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense, Science and Technology.
SR 541. By Senators Tate of the 38th, Fort of the 39th, James of the 35th and others:
A resolution designating the "Leroy Johnson-Fulton Industrial Boulevard"; and for other purposes.
Referred to the Committee on Transportation.
SR 542. By Senators Scott of the 36th, Tate of the 38th, Fort of the 39th and others:
A resolution honoring Dr. Horace E. Tate and designating the Horace E. Tate Freeway; and for other purposes.
Referred to the Committee on Transportation.
The following bills of the House were read the first time and referred to committees:
HB 340. By Representative Wiles of the 34th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 905. By Representatives Barnes of the 97th, Benefield of the 96th, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to make it unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if the other person is lawfully acting within the course and scope of employment and the person has knowledge or reason to know that the other person is employed as a peace officer, correctional officer, probation officer, parole supervisor, or juvenile correctional officer; and for other purposes.

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Referred to the Committee on Judiciary.

HB 988. By Representatives Cummings of the 27th and Shanahan of the 10th:

A bill to amend Code Section 47-2-245 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for secretaries of appellate court judges, so as to provide creditable service for prior service as secretaries of superior court judges; and for other purposes.

Referred to the Committee on Retirement.
HB 1206. By Representatives Scheid of the 17th, Stuckey of the 67th, Squires of the 78th and Crawford of the 129th:

A bill to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide training requirements for clerks of the juvenile courts; to provide for clerks pro tempore; to provide for certificates and expenses; to provide for exceptions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 1258. By Representatives Martin of the 47th and Allen of the 117th:
A bill to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to 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; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 403. Do pass by substitute. SR 491. Do pass. HB 1112. Do pass.

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

Mr. President:

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

SB 393. Do pass. SB 399. Do pass. HB 1123. Do pass. HR 816. Do pass.

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Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Retirement 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 411. Do pass. HB 453. Do pass. HB 799. Do pass.

Respectfully submitted, Senator Huggins of the 53rd District, Chairman

Mr. President:

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

SB 428. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

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

HB 467. Do pass.

Respectfully submitted, Senator Harbison of the 15th District, Chairman

The following bills and resolutions were read the second time:

SB 300 SB 335 SB 336 SB 351 SB 354 SB 357 SB 359 SB 407 SR 388 SR 403

SR 412 SR 416 SR 502 SR 503 SR 504 SR 514 SR 516 HB 455 HB 634 HB 1153

The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Brown Burton Butler Cable

Harbison Hecht Hill Hooks Huggins Jackson James

Price,R Price,T Ragan Ray Scott Smith Starr

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Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden Guhl

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

Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,N Thomas,R Williams

Those not answering were:

Broun Brush Polak Thompson Walker

The following member was off the floor of the Senate when the roll was called and wishes to be recorded as present:

Senator Polak of the 42nd

The members pledged allegiance to the flag.

Prayer was offered by Reverend James H. Cook Jr., pastor of New Canaan Baptist Church, Dallas, Georgia.

The following resolutions were read and adopted:

SR 540. By Senator Tate of the 38th:

A resolution commending Nonprofits for Nonprofits, Inc., and recognizing IMPACT 2000; and for other purposes.

SR 543. By Senator Harbison of the 15th:

A resolution recognizing and commending Dick McMichael; and for other purposes.

SR 544. By Senators Scott of the 36th, Thomas of the 10th, Egan of the 40th and others:

A resolution commending Dwayne Vaughn; and for other purposes.

SR 545. By Senators Scott of the 36th, Thomas of the 10th, Egan of the 40th and others:

A resolution proclaiming "Willie B. Day"; and for other purposes.

SR 546. By Senator Ragan of the 11th:

A resolution honoring the life of Joseph Edward Ferrell, Sr., and expressing regret at his passing; and for other purposes.

SR 547. By Senator Jackson of the 50th:

A resolution commending Bessie and James Tucker on their 60th wedding anniversary; and for other purposes.

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SR 548. By Senator Jackson of the 50th:
A resolution commending the Reverend William Henry Fields; and for other purposes.
Senator Kemp of the 3rd moved that the following bill be withdrawn from the Banking and Financial Institutions Committee and committed to the Judiciary Committee:
SB 425. By Senators Kemp of the 3rd, Brown of the 26th, Ray of the 48th and others:
A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to revise extensively the "Brokerage Relationships in Real Estate Transactions Act;" to revise and add definitions; to change the duties owed by a broker to a client, customer, seller, buyer, tenant, or landlord; to change disclosure provisions; to change the standard of skill in some circumstances; to provide for a duty of keeping certain information confidential; to provide for exceptions; to provide for a duty to disclose certain material facts regarding adverse physical conditions in the neighborhood of a property; to change provisions regarding a broker's liability for providing false information; to provide for related matters; to repeal conflicting laws; and for other purposes.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 425 was withdrawn from the Banking and Financial Institutions Committee and committed to the Judiciary Committee.
The following local, uncontested bill, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR Thursday, February 10, 2000 Seventeenth Legislative Day

(The names listed with the bill are the Senators whose districts are affected by the legislation.)

SB 428

Lee of the 29th Price of the 28th CORINTH CITY

A bill to be entitled an Act to repeal in its entirety an Act providing for the charter of the City of Corinth, approved March 3, 1874 (Ga. L. 1874, p. 151), as amended; to thereby abolish the existence of the City of Corinth as a municipal corporation; to provide for devolution of the assets and debts and rights and obligations to Heard County; to provide for related matters; to provide that fees, taxes, and assessments may be levied in a special district coterminous with the former City of Corinth for the purpose of retiring debts and obligations of the former city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson

Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith

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335

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 James Y Johnson,E Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable
Meyer v Bremen Perdue Y Polak

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

On the passage of the local bill, the yeas were 49, nays 0.

The bill on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

SENATE RULES CALENDAR

Thursday, February 10, 2000 SEVENTEENTH LEGISLATIVE DAY

SB 297 Cruelty to Animals-revise laws (Substitute) (Nat R-26th)

SB 405 Removal of Vehicle by Peace Officer-time frame (Pub Saf-55th)

HB 1260 Elections Code; corrections (S Judy-40th) Martin-47th

SB 346 SB 331

Assistant District Attorneys-appointment, qualifications (Substitute) (S Judy-29th) Agricultural Products Dealers-relating to certain food establishment exemption (Ag-11th)

HB 1124 Fish caught by gill net; prohibit; exceptions (Amendment) (Nat R-20th) Lane-146th

SR 467 Mississippi River/Gulf of Mexico Watershed Nutrient Task Force- relating to (Ag-11th)

SR 478 Congress-urge address monetary assessments on peanut growers (Ag-11th)

SR 172 Governor's Council on Developmental Disabilities-recognize effort (Substitute) (V&CA-42nd)

Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee

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

SB 297.

By Senators Brown of the 26th, Scott of the 36th, Ladd of the 41st, Polak of the 42nd and others:
A bill to be entitled an Act to amend Title 4 of the O.C.G.A., relating to animals, so as to change certain references relating to cruelty to animals; to include a certain reference relating to animal fighting; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to revise comprehensively the law relating to the offense of cruelty to animals; to repeal conflicting laws; and for other purposes.

The Senate Natural Resources Committee offered the following substitute to SB 297:

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A BILL
To be entitled an Act to prohibit animal abuse and the abandonment of certain animals; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to make it unlawful to obstruct the Commissioner of Agriculture and other officials acting under said title; to provide for penalties; to provide for definitions; to provide for the appointment of animal control officers; to provide for inspection warrants; to provide procedures for the impounding of certain animals under certain circumstances; to provide for notices and hearings; to make it unlawful to abandon a domestic animal; to provide for injunctions; to provide for reports of animal cruelty or dog fighting by veterinarians, veterinary technicians, and other persons; to provide immunity from civil or criminal actions for persons making such reports; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, so as to define the offenses of cruelty to animals and aggravated cruelty to animals; to provide for penalties; to provide for exemptions; to provide for a short title; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Animal Protection Act of 2000."
SECTION 2.
Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by inserting after Code Section 41-5 a new Code Section 4-1-6 to read as follows:
"4-1-6.
It shall be unlawful for any person to obstruct, interfere, or hinder the Commissioner, his or her designated agents and employees, an animal control officer, or a dog control officer in the lawful discharge of his or her official duties pursuant to this title. Any person convicted of a violation of this Code section shall be punished as provided in subsection (b) of Code Section 16-10-24."
SECTION 3.
Said title is further amended by striking Code Section 4-8-7, relating to penalties, and inserting in lieu thereof the following:
"4-8-7.
Any Except as provided in Code Sections 16-12-4 and 16-12-37, any person who violates any provision of this article shall be guilty of a misdemeanor."
SECTION 4.
Said title is further amended by striking Code Section 4-11-2, relating to definitions, and inserting in lieu thereof the following:
"4-11-2.
As used in this article, the term:
(1) 'Adequate food and water' means food and water which is sufficient in an amount and appropriate for the particular type of animal to prevent starvation, dehydration, or a significant risk to the animal's health from a lack of food or water.

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(1.1) 'Animal control officer' means an individual authorized by local law or by the governing authority of a county or municipality to carry out the duties imposed by this article or imposed by local ordinance.
(2) 'Animal shelter' means any facility operated by or under contract for the state, a county, a municipal corporation, or any other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.
(3) 'Equine' means any member of the Equidae species, including horses, mules, and asses.
(4) 'Humane care' of animals means, but is not limited to, the provision of adequate heat, ventilation, sanitary shelter, and wholesome and adequate food and water, consistent with the normal requirements and feeding habits of the animal's size, species, and breed.
(5) 'Kennel' means any establishment, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, or similar purposes for a fee or compensation.
(6) 'Person' means any person, firm, corporation, partnership, association, or other legal entity, any public or private institution, the State of Georgia, or any county, municipal corporation, or political subdivision of the state.
(7) 'Pet dealer' or 'pet dealership' means any person who sells, offers to sell, exchanges, or offers for adoption dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets in this state. However, a person who sells only animals that he or she has produced and raised, not to exceed 30 animals a year, shall not be considered a pet dealer under this article unless such a person such person is licensed for a business by a local government or has a Georgia sales tax number. The Commissioner may with respect to any breed of animals decrease the 30 animal per year exception in the foregoing sentence to a lesser number of any animals for any species which that is commonly bred and sold for commercial purposes in lesser quantities. Operation of a veterinary hospital or clinic by a licensed veterinarian shall not constitute the veterinarian as a pet dealer, kennel, or stable under this article.
(8) 'Secretary of Agriculture' means the Secretary secretary of the United States Department of Agriculture.
(9) 'Stable' means any building, structure, pasture, or other enclosure where equines are maintained for boarding, holding, training, breeding, riding, pulling vehicles, or other similar purposes and a fee is charged for maintaining such equines or for the use of such equines."
SECTION 5.
Said title is further amended by inserting after Code Section 4-11-9.1 new Code Sections 4-11-9.2, 4-11-9.3, 4-119.4, 4-11-9.5, and 4-11-9.6 to read as follows:
"4-11-9.2.
(a) At any time there is probable cause to believe that a violation of this article or any rule or regulation adopted pursuant to this article has occurred, the Commissioner, his or her designated agent, or an animal control officer who is an employee of state or local government may apply to the appropriate court in the county in which the animal is located for an inspection warrant under the provisions of Code Section 2-2-11.
(b) Any sheriff, deputy sheriff, or other peace officer shall have the authority to enforce the provisions of this article and Code Sections 16-12-4 and 16-12-37.
(c) The Commissioner, his or her designated agent, an animal control officer who is an employee of state or local government, or any sheriff, deputy sheriff, or other peace officer is authorized to impound any animal:

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(1) That has not received humane care;
(2) That has been subjected to cruelty in violation of Code Section 16-12-4;
(3) That is used or intended for use in any violation of Code Section 16-12-37; or
(4) If it is determined that a consent order or other order concerning the treatment of animals issued pursuant to this article is being violated.
(d) Prior to an animal being impounded pursuant to paragraph (1), (2), or (3) of subsection (c) of this Code section, a licensed accredited veterinarian approved by the Commissioner or a veterinarian employed by a state or federal government and approved by the Commissioner, shall, at the request of the Commissioner, his or her designee, an animal control officer, a sheriff, a deputy sheriff, or other peace officer, examine and determine the condition or treatment of the animal.
4-11-9.3.
(a) It shall be the duty of any person impounding an animal under Code Section 4-11-9.2 to make reasonable and proper arrangements to provide the impounded animal with humane care and adequate and necessary veterinary services. Such arrangements may include, but shall not be limited to, providing shelter and care for the animal at any state, federal, county, municipal, or governmental facility or shelter; contracting with a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary services for a reasonable fee; or allowing a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary services as a volunteer and at no cost.
(b) Any person impounding an animal under this article or providing care for an impounded animal shall have a lien on such animal for the reasonable costs of caring for such animal. Such lien may be foreclosed in any court that is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.
(c) Any person impounding an animal under this article is authorized to return the animal to its owner, upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order, unless such owner was, in a prior administrative or legal action in this state or any other state, found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog fighting in violation of the laws of this state or of the United States or any of the several states. Such consent order shall provide conditions relating to the care and treatment of such animal, including, but not limited to, the following, that:
(1) Such animal will be given humane care and adequate and necessary veterinary services;
(2) Such animal will not be subjected to cruelty; and
(3) The owner will comply with this article.
(d) The provisions of subsection (c) of this Code section shall not apply to an animal that was an object or instrumentality of a crime nor shall any such animal be returned to the owner without the approval of the prosecuting attorney. An agency having custody of an animal that was seized as an object or instrumentality of a rime may, with the consent of the prosecuting attorney, apply to the court having jurisdiction over the offense for an order authorizing such agency to dispose of the animal prior to trial of the criminal case as provided by law.
4-11-9.4.
(a) It shall be the duty of any person impounding an animal under this article to notify the owner of such animal immediately upon impoundment. Such notice shall state the name and business address of the person impounding the animal, the name and address of the state or local government agency having custody of the animal, a description of the animal, the reason why the animal was impounded, and a statement of the time limits for the owner to respond

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and request a hearing as provided in Code Section 4-11-9.5. The notice shall be provided by personal service or by registered or certified mail sent to the last known address of the owner. Service of the notice which complies with subsection (b) of Code Section 9-11-5 shall in all cases be sufficient. If the owner of such animal is unknown or cannot be found, service of the notice on the owner shall be made by posting the notice in a conspicuous place at the location where the animal was impounded and by publishing a notice once in a newspaper of general circulation in the county where the animal was impounded.
(b) An animal impounded pursuant to this article is deemed to be in the custody of the state or local government agency responsible for enforcement of this article within said county or municipality.
4-11-9.5.
(a) If the owner of an animal impounded pursuant to this article fails to respond in writing within five business days of the date the notice of impoundment was served, or, if the owner is unknown or could not be found within 30 days of publication of the notice of impoundment, the impounded animal may be disposed of pursuant to Code Section 411-9.6.
(b)(1) If the owner of an animal impounded pursuant to this article refuses to enter into a consent agreement with the government agency having custody of the animal that such animal will be given humane care and adequate and necessary veterinary care, the owner may request, in writing, a hearing within five business days of the date the notice of impoundment was served on such owner, or, if the owner is unknown or could not be found, within 30 days of the date of publication of the notice of impoundment. Such request for hearing shall be served upon the government agency having custody of the animal. If no hearing is requested within the time limits specified in this paragraph and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the owner, the right to a hearing shall have been waived.
(2) Within 30 days after receiving a written request for a hearing, the government agency having custody of the animal shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If the animal is in the custody of an agency of local government which has, by local law or ordinance, established a procedure for hearing such matters, the body designated in such local law or ordinance shall conduct the hearing required by this Code section. If the local government does not have a hearing procedure, the government agency having custody of the animal may refer the matter to the Office of State Administrative Hearings. If the animal is in the custody of the Department of Agriculture, the Commissioner or his or her designee shall conduct the hearing. The hearing shall be public and all testimony shall be received under oath. A record of the proceedings at such hearing shall be made and maintained by the hearing officer as provided in Code Section 50-13-13.
(3) The scope of the hearing shall be limited to whether the impounding of the animal was authorized by subsection (c) of Code Section 4-11-9.2.
(4) The hearing officer shall, within five business days after such hearing, forward a decision to the person who impounded the animal and the government agency having custody of the animal.
(5) If the hearing officer finds that the animal was improperly impounded, the animal shall be returned to the owner and the cost incurred in providing reasonable care and treatment for the animal from the date of impoundment to the date of the order shall be paid by the impounding agency.
(6) If the hearing officer finds that the animal was lawfully impounded, the hearing officer may:
(A) Recommend that the government agency having custody of the animal dispose of the animal as provided in Code Section 4-11-9.6; or
(B) Unless, in a prior administrative or legal action in this state or any other state, the owner has been found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog fighting in violation of the laws of this state or of the United States or any of the several states, recommend conditions under which the animal may, upon payment by the owner of all costs of impoundment and care, be returned to the owner. Such

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conditions shall be reduced to writing and served upon the owner and the government agency having custody of the animal. Such conditions may include, but are not limited to, the following, that:
(i) Such animal will be given humane care and adequate and necessary veterinary services;
(ii) Such animal will not be subjected to mistreatment; and
(iii) The owner will comply with this article.
(c) The provisions of this Code section shall not apply to an animal that was an object or instrumentality of a crime nor shall any such animal be returned to the owner or disposed of without the approval of the prosecuting attorney.
4-11-9.6.
(a) The government agency having custody of an animal impounded pursuant to this article which is not returned to the owner as provided in Code Sections 4-11-9.3 and 4-11-9.5 may dispose of the animal through sale by any commercially feasible means, at a public auction or by sealed bids, or, if in the opinion of a licensed accredited veterinarian or a veterinarian employed by a state or federal government and approved by the Commissioner such animal has a temperament or condition such that euthanasia is the only reasonable course of action, by humanely disposing of the animal.
(b) Any proceeds from the sale of such animal shall be used first to pay the costs associated with the impoundment, including, but not limited to, removal of the animal from the premises, shelter and care of the animal, notice, hearing, and disposition of the animal. Any funds remaining shall:
(1) If the owner is unknown or cannot be found, be paid into the state treasury if the animal was impounded by the Commissioner or his or her designated agent or into the treasury of the local government if the animal was impounded by the sheriff, a deputy sheriff, another law enforcement officer, or an animal control officer; or
(2) If the owner is known, be paid to the owner.
(c) The government agency responsible for conducting the sale shall keep a record of all sales, disbursements, and distributions made under this article."
SECTION 6.
Said title is further amended by striking Code Section 4-11-10, relating to unlawful acts by licensed persons, and inserting in lieu thereof the following:
"4-11-10.
It shall be unlawful for any person licensed under this article or any person employed by a person licensed under this article or under his such person's supervision or control to:
(1) Commit a violation of Code Section 16-12-4, relating to cruelty to animals , when such violation occurs on the premises of or is related to the operation of the pet dealership, animal shelter, kennel, or stable for which the license has been issued or any other such facility operated by the same person;
(2) Fail to keep the pet dealership premises, animal shelter, kennel, or stable in a good state of repair, in a clean and sanitary condition, adequately ventilated, or disinfected when needed;
(3) Fail to provide adequate food and water;
(4)(3) Fail to provide adequate and humane care for any dog, cat, equine, or other animal at such facility; or

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(5)(4) Fail to take reasonable care to release for sale, trade, or adoption only those animals which that appear to be free of disease, injuries, or abnormalities."
SECTION 7.
Said title is further amended by striking Code Section 4-11-15, relating to injunctions and restraining orders, and inserting in lieu thereof the following:
"4-11-15.
In addition to the remedies provided in this article or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, the Commissioner or, where authorized by the local governing authority, the city or county attorney is authorized to apply to the superior courts court for an injunction or restraining order. Such courts shall have jurisdiction and The court shall for good cause shown shall grant a temporary or permanent injunction or an ex parte or restraining order, restraining or enjoining any person, partnership, firm, corporation, or other entity from violating and continuing to violate this article or, any rules and regulations promulgated under this article , Code Section 16-12-4, or Code Section 16-12-37. Such injunction or restraining order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation."
SECTION 8.
Said title is further amended by inserting after Code Section 4-11-15 a new Code Section 4-11-15.1 to read as follows:
"4-11-15.1.
Notwithstanding the provisions of Code Section 4-11-13, it shall be unlawful for any person knowingly and intentionally to abandon any domesticated animal upon any public or private property or public right of way. This Code section shall not be construed as amending or otherwise affecting the provisions of Chapter 3 of this title, relating to livestock running at large or straying."
SECTION 9.
Said title is further amended by striking Code Section 4-11-16, relating to penalties for violations, and inserting in lieu thereof the following:
"4-11-16.
Any (a) Except as otherwise provided in Code Section 16-12-4 or 16-12-37, any person, partnership, firm, corporation, or other entity violating any of the provisions of this article or any rule or regulation of the Commissioner adopted pursuant to this article shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3; provided, however, that if such offense is committed by a corporation, such corporation shall be punished by a fine not to exceed $1,000.00 for each such violation, community service of not less than 200 hours nor more than 500 hours, or both.
(b) Each violation of this article shall constitute a separate offense."
SECTION 10.
Said title is further amended by inserting after Code Section 4-11-16 a new Code Section 4-11-17 to read as follows:
"4-11-17.
(a) Notwithstanding Code Section 24-9-29 or any other provision of law to the contrary, any licensed accredited veterinarian or veterinary technician having reasonable cause to believe that an animal has been subjected to animal

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cruelty in violation of Code Section 16-12-4 or dog fighting in violation of Code Section 16-12-37 may make or cause to be made a report of such violation to the Commissioner, his or her designee, an animal control officer, a law enforcement agency, or a prosecuting attorney and may appear and testify in any judicial or administrative proceeding concerning the care of an animal.
(b) Any person participating in the making of a report pursuant to this Code section or participating in any administrative or judicial proceeding pursuant to this article or Title 16 shall, in so doing, be immune from any civil or criminal liability that might otherwise be incurred or imposed, provided such participation pursuant to this Code section or any other law is made in good faith."
SECTION 11.
Said title is further amended by striking Code Section 4-13-10, relating to penalties, and inserting in lieu thereof the following:
"4-13-10.
Any Except as otherwise provided in Code Section 16-12-4 or 16-12-37, any person, partnership, firm, corporation, or other entity violating any of the provisions of this chapter shall be guilty of a misdemeanor."
SECTION 12.
Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, is amended by striking Code Section 16-12-4, relating to cruelty to animals, which reads as follows:
"16-12-4.
(a) A person is guilty of a misdemeanor of cruelty to animals in the second degree when his act, omission, or neglect causes unjustifiable physical pain, suffering, or death to any living animal.
(b) A person is guilty of a misdemeanor of cruelty to animals in the first degree upon a second or subsequent violation of subsection (a) of this Code section and, upon conviction, may be punished by imprisonment not to exceed 12 months or a fine not to exceed $5,000.00 or both.
(c) This Code section does not apply to the killing of animals raised for the purpose of providing food nor does it apply to any person who hunts wild animals in compliance with the game and fish laws of this state. The killing or injuring of an animal for humane purposes or in the furtherance of medical or scientific research is justifiable.",
and inserting in lieu thereof the following:
"16-12-4.
(a) A person commits the offense of cruelty to animals when he or she causes unjustifiable physical pain or suffering to any animal by an act, an omission, or willful neglect.
(b) A person commits the offense of aggravated cruelty to animals when he or she maliciously or by willful neglect causes death or physical harm to an animal by rendering a part of such animal's body useless or by seriously disfiguring such animal.
(c) A person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor; provided, however, that any person who is convicted of a second or subsequent violation of subsection (a) of this Code section may be punished by imprisonment not to exceed 12 months or a fine not to exceed $5,000.00 or both.
(d) Any person who is convicted of a violation of subsection (b) of this Code section shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed the amount provided by Code

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Section 17-10-8, as amended, or both, provided that any person who is convicted of a second or subsequent violation of subsection (b) of this Code section shall be punished by imprisonment for not less than three nor more than ten years, a fine not to exceed the amount provided by Code Section 17-10-8, as amended, or both.

(e) As used in this Code section 'conviction' shall include pleas of guilty or nolo contendere or probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and any conviction, plea of guilty or nolo contendere, or probation as a first offender for an offense under the laws of the United States or any of the several states that would constitute a violation of subsection (b) of this Code section if committed in this state.
(f) Before sentencing a defendant for any conviction under this Code section, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender.
(g) The provisions of this Code section shall not be construed as prohibiting conduct which is otherwise permitted under the laws of this state or of the United States, including, but not limited to, agricultural, animal husbandry, marketing, scientific, medical, zoological, exhibition, competitive, hunting, trapping, fishing, wildlife management, or pest control practices or the authorized practice of veterinary medicine nor to limit in any way the authority or duty of the Department of Agriculture, Department of Natural Resources, any county board of health, any law enforcement officer, dog, animal, or rabies control officer, humane society, or veterinarian."

SECTION 13.
This Act shall become effective upon the first day of the month following its approval by the Governor or upon its becoming law without such approval.
SECTION 14.

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

On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by 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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

The following communication was received by the Secretary:

Please record my vote on SB 297 as YEA.

/s/ Senator Fort 39th District
SB 405. By Senators Butler of the 55th, Thomas of the 10th, Walker of the 22nd and others:

A bill to be entitled an Act to amend Code Section 40-11-3 of the Official Code of Georgia Annotated, relating to when peace officers may remove vehicles from public property and notification requirements, so as to change the time at which an officer may cause an unattended motor vehicle to be removed; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown N 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed. HB 1260. By Representatives Martin of the 47th and Allen of the 117th:

A bill to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Egan of the 40th.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

SB 30.

By Senators James of the 35th and Butler of the 55th:

A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.

Senator James of the 35th moved that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.
On the motion, the yeas were 33, nays 1; the motion prevailed, and the President appointed as a Conference Committee the following: Senators James of the 35th, Madden of the 47th and Brown of the 26th.
Senator Thompson of the 33rd introduced Miss Cobb County, commended by SR 501, adopted previously.
The Calendar was resumed.
SB 346. By Senators Lee of the 29th and Hecht of the 34th:
A bill to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to change the

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provisions relating to the appointment, qualifications, classification, and compensation of assistant district attorneys; to change the provisions relating to the appointment of district attorney investigators; to change provisions relating to the employment and compensation of administrative, clerical, and paraprofessional personnel by district attorneys; to provide that nonstate paid personnel employed in district attorneys' offices shall serve at the pleasure of the district attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Special Judiciary Committee offered the following substitute to SB 346:
A BILL
To be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to change the provisions relating to the appointment, qualifications, classification, and compensation of assistant district attorneys; to change the provisions relating to the appointment of district attorney investigators; to change provisions relating to the employment and compensation of administrative, clerical, and paraprofessional personnel by district attorneys; to provide that nonstate paid personnel employed in district attorneys' offices shall serve at the pleasure of the district attorney; 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 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, is amended by striking in its entirety Code Section 15-18-14, relating to assistant district attorneys, and inserting in lieu thereof the following:
"15-18-14.
(a) As used in this Code section, the term:
(1)-'Active practice of law' means experience as an attorney engaged in the private practice of law or an attorney employed as such by a corporation, partnership, or government agency or an attorney employed on a full-time basis as a law clerk for a judge of a court of record. If an attorney shall have been disbarred, any period of practice of law prior to such disbarment shall not constitute active practice of law.
(2)-'Break in service' means a separation from service on a full-time basis as a prosecuting attorney or as an employee of the State of Georgia for a period of six months or more. Any such separation for a period of less than six months shall not constitute a break in service.
(3)-'Compensation of the district attorney' means the annual salary of the district attorney paid from state funds, excluding any local supplements to the state salary.
(4)-'LL.M. or S.J.D. degree' means a master's in law or doctorate in jurisprudence awarded:
(A)-By a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination; or
(B)-By a law school accredited by the American Bar Association or the Association of American Law Schools;
provided, however, that the course of study in law schools described in subparagraph (A) of this paragraph shall at least be equivalent in terms of hours and subject matter as the course of study offered in law schools described in subparagraph (B) of this paragraph, and the course of study offered in all law schools described in this paragraph shall have been approved by the Prosecuting Attorneys' Council of the State of Georgia.
(5)-'Prosecuting attorney' means a person who serves on a full-time basis as:

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(A)-A district attorney;
(B)-An assistant district attorney, deputy district attorney, or other attorney appointed by a district attorney of this state;
(C)-A solicitor-general or assistant solicitor-general of a state court;
(D)-A solicitor or assistant solicitor of a juvenile court of this state or any political subdivision thereof;
(E)-An attorney employed by the Attorney General of this state;
(F)-An attorney employed by the United States Department of Justice;
(G)-An attorney who holds elected or appointed office as or is employed by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the criminal law;
(H)-An attorney employed by the Prosecuting Attorneys' Council of the State of Georgia;
(I)-An attorney employed as an assistant district attorney, pursuant to a contract with the Department of Human Resources, under Code Section 19-11-23 of Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act', and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act';
(J)-A third-year law student under the authority of Code Section 15-18-22 or as otherwise provided for by rule of the Supreme Court of Georgia; or
(K)-An attorney serving on active duty with the armed forces of the United States, including the United States Coast Guard, with responsibility for the prosecution of offenses under the Uniform Code of Military Justice, as amended.
(6)-'State' includes the District of Columbia and any territory, possession, or dominion of the United States.
(b)(a)(1) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint:
(A) One attorney for each superior court judge authorized for the circuit, excluding senior judges, plus one additional attorney to assist the district attorney in the performance of the duties of the district attorney's office and consistent with their constitutional and statutory duties to protect the rights of victims of crimes as now or in the future may be defined by applicable law;
(B) Subject to the availability of funding and at the option of the Department of Human Resources, at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act,' and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit; and
(C) Subject to funds being appropriated by the General Assembly or otherwise available for such purpose, such additional assistant district attorneys as may be authorized by the Prosecuting Attorneys' Council of the State of Georgia. In authorizing additional assistant district attorneys, the Prosecuting Attorneys' Council of the State of

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Georgia shall consider the case load, present staff, and resources available to each district attorney, and shall make such authorizations as will contribute to the efficiency of individual district attorneys and the effectiveness of prosecuting attorneys throughout the state in their efforts against criminal activity in the state.
(2) Subject to the provisions of this Code section and subject to such funds as may be appropriated by the General Assembly or which are otherwise available to the State of Georgia for such purpose, the district attorney in each judicial circuit shall appoint one additional assistant district attorney who shall prosecute, as directed by the district attorney, primarily cases involving violations of Article 2 of Chapter 13 of Title 16, known as the 'Georgia Controlled Substances Act.' This assistant district attorney shall be designated as a 'special drug prosecutor.' Such assistant district attorney shall be subject to the classification, compensation, benefits, policies, and personnel related provisions of subsections (c) (b) through (i) (f) of this Code section and Code Section 15-18-19. 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.
(c)(b) Each attorney appointed pursuant to subsection (b) (a) of this Code section shall be classified based on education, training, and experience. The classes of attorneys and the minimum qualifications required for appointment or promotion to each class shall be as follows: be established by the Prosecuting Attorneys' Council of the State of Georgia based on education, training, and experience, and in accordance with the provisions of Code Section 15-18-21 and subsection (c) of Code Section 15-18-19.
(1)-Assistant district attorney I. Meet the qualifications specified by subsection (b) of Code Section 15-18-21;
(2)-Assistant district attorney II. Meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member in good standing of the State Bar of Georgia engaged in the active practice of law for not less than three years or have been a prosecuting attorney for not less than two years;
(3)-Assistant district attorney III. Meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member in good standing of the State Bar of Georgia engaged in active practice of law for not less than four years or have been a prosecuting attorney for not less than three years; and
(4)-Assistant district attorney IV. Meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member of the State Bar of Georgia engaged in the active practice of law for not less than six years or have been a prosecuting attorney for not less than five years, at least two of which were as a prosecuting attorney of the State of Georgia or any of its political subdivisions or as a prosecuting attorney for the United States within the State of Georgia.
(d)(c) Except as otherwise provided in Code Section 15-18-15, each Each attorney appointed pursuant to this Code section shall be compensated based on a salary schedule provided for in subsection (e) of this Code section established in accordance with subsection (e) of Code Section 15-18-19. The salary range for each class established in accordance with subsection (c) (b) of this Code section shall be as follows:
(1) Assistant district attorney I. Not less than $27,696.00 nor more than 65 percent of the compensation of the district attorney;
(2) Assistant district attorney II. Not less than $30,552.00 nor more than 70 percent of the compensation of the district attorney;
(3) Assistant district attorney III. Not less than $37,140.00 nor more than 80 percent of the compensation of the district attorney; and
(4) Assistant district attorney IV. Not less than $42,966.00 nor more than 90 percent of the compensation of the district attorney.

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(e)-Subject to the salary range established by subsection (d) of this Code section, the Prosecuting Attorneys' Council of the State of Georgia shall develop and promulgate a salary schedule for each class of attorney as provided in Code Section 15-18-19.
(f)(1)(d) All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the district attorney in writing in accordance with the provisions of Code Section 15-18-19.
(2)-The following requirements shall apply to the appointment of attorneys:
(A)-Except as otherwise provided by subparagraphs (B) through (F) of this paragraph and by Code Section 15-1819, all attorneys shall be appointed in the entry grade established for the class for which the district attorney determines they are qualified;
(B)-Any person who shall have successfully completed a prosecutorial clinic established at a law school accredited by the American Bar Association, which has been approved by the Prosecuting Attorneys' Council of the State of Georgia, may be appointed as an assistant district attorney I at the salary step which is one step above the entry step;
(C)-Any person who shall have served as a peace officer of this state or of the United States on a full-time basis or shall have served as a forensic scientist of the Division of Forensic Sciences of the Georgia Bureau of Investigation or a comparable agency of the United States or any of the several states may be appointed as an assistant district attorney I at the salary step which is one step above the entry grade;
(D)-Any person employed as a prosecuting attorney by the Attorney General of this state, the Prosecuting Attorneys' Council of the State of Georgia, or the United States Department of Justice who is appointed to an attorney position without a break in service may be appointed to the appropriate class at the salary step which is one step above the annual salary received by such person on the last day of employment immediately preceding said appointment;
(E)-Any person who is appointed as a state paid assistant district attorney and who has attained, in addition to a J.D. or LL.B. degree, an LL.M. or S.J.D. degree may be appointed at a salary step which is two steps higher than the salary step for which such person is otherwise qualified; and
(F)-Any person who is eligible for appointment as assistant district attorney IV who has been engaged in the active practice of law for more than ten years may be appointed at a salary step above the entry level on the basis of one step for every three years of experience over ten years.
(3)-Except as provided in subsection (g) of this Code section, the provisions of paragraph (2) of this subsection shall not apply to personnel who transfer from a nonstate paid attorney position to a state paid position or to transfer from one district attorney's office to another.
(g)-Any person who is employed in a nonstate paid attorney position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the appropriate class at a salary step which is based on the number of years the person has served in the attorney position as if the person had been initially appointed pursuant to this Code section. Any person employed as a state paid attorney with a district attorney's office who accepts an appointment in another district attorney's office without a break in service shall be considered to have transferred and such transfer shall be to the same class at the same salary step.
(h)(e)(1) All salary advancements shall be based on quality of work, education, and performance.
(2) The salary of an attorney appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such attorney's appointment.
(3) Any attorney who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree by a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination or by a law school accredited by the American Bar Association or the Association of American Law Schools may be advanced two salary steps effective on the first day of the

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calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorney's class.
(i)(f) Any attorney appointed pursuant to this Code section may be promoted to the next highest class at any time the attorney meets the minimum qualifications provided for in subsection (c) of this Code section for such class, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the class from which the attorney is to be promoted. When an attorney is promoted to the next highest class, the attorney shall enter the higher class at the salary step which provides an annual salary nearest to, but greater than, the annual salary the attorney was receiving immediately prior to the promotion."
SECTION 2.
Said article is further amended in Code Section 15-18-14.1, relating to district attorney investigators, by striking in their entirety subsection (a) and paragraph (3) of subsection (e) and inserting in lieu thereof the following:
"(a) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint one investigator to assist the district attorney in the performance of his or her official duties in the preparation of cases for indictment or trial. Subject to funds being appropriated by the General Assembly or otherwise available for such purpose, the district attorney in each judicial circuit may appoint such additional district attorney investigators as may be authorized by the Prosecuting Attorneys' Council of the State of Georgia. In authorizing additional district attorney investigators, the Prosecuting Attorneys' Council of the State of Georgia shall consider the case load, present staff, and resources available to each district attorney, and shall make such authorizations as will contribute to the efficiency of individual district attorneys and the effectiveness of prosecuting attorneys throughout the state in their efforts against criminal activity in the state."
"(3) Any person who is employed as a peace officer by an agency of the executive branch of state government who is appointed as an investigator pursuant to this Code section without a break in service, as defined in Code Section 15-18-14, may be appointed to the salary step which is one step above the annual salary such person received on the last day of employment immediately preceding said appointment."
SECTION 3.
Said article is further amended by striking in its entirety Code Section 15-18-17, relating to the employment of secretaries by the district attorneys, and inserting in lieu thereof the following:
"15-18-17.
(a) Each district attorney is authorized to employ two legal secretaries such administrative, clerical, and paraprofessional personnel as may be authorized by the Prosecuting Attorneys' Council of the State of Georgia based on funds appropriated by the General Assembly or otherwise available for such purposes; provided, however, that each district attorney shall be authorized not less than two such personnel. In authorizing administrative, clerical, and paraprofessional personnel, the Prosecuting Attorneys' Council of the State of Georgia shall consider the case load, present staff, and resources available to each district attorney, and shall make such authorizations as will contribute to the efficiency of individual district attorneys and the effectiveness of prosecuting attorneys throughout the state in their efforts against criminal activity in the state.
(b)(1) Except as otherwise provided in this subsection, legal secretaries Personnel appointed pursuant to this Code section shall be compensated based on a salary schedule developed in accordance with Code Section 15-18-19.
(2)-Any person who is employed in a nonstate paid secretarial position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the salary step which is based on the number of years the person has served in the secretarial position as if the person had been initially appointed pursuant to this Code section.

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(3)-Any person who is employed as a state paid secretary to a superior court judge pursuant to Chapter 6 of this title and who is appointed as a legal secretary pursuant to this Code section without a break in service may be appointed to the salary step which is equal to the compensation such person received as a secretary for said judge.

(4)-Any person employed in a comparable clerical or secretarial position by an agency of this state who is appointed to a secretarial position pursuant to this Code section without a break in service may be appointed to the salary step which is one step above the annual salary received by such person on the last day of employment immediately preceding said appointment.
(5)-Any person employed as a legal secretary on July 1, 1997, shall be appointed to the appropriate step which provides an annual salary nearest to, but greater than, the annual salary such secretary was receiving on July 1, 1997.
(c) All personnel actions involving secretaries personnel appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 15-18-19."

SECTION 4.

Said article is further amended by striking subsection (b) of Code Section 15-18-20, relating to additional nonstate paid staff of the district attorneys, and inserting in lieu thereof the following:

"(b) Personnel employed by the district attorney pursuant to this Code section shall serve at the pleasure of the district attorney and shall be compensated by the county or counties comprising the judicial circuit, the manner and amount of compensation to be paid to be fixed either by local Act or by the district attorney with the approval of the county or counties comprising the judicial circuit."

SECTION 5.

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

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, 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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

SB 331.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th, Blitch of the 7th and Jackson of the 50th:

A bill to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to dealers in agricultural products, so as to change the provisions relating to the exemption of holders of food sales establishment licenses from the provisions of such article; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

HB 1124. By Representatives Lane of the 146th, Morris of the 155th, Barnard of the 154th and DeLoach of the 172nd:

A bill to be entitled an Act to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, so as to provide that it shall be unlawful to possess, land, offer for sale, or sell in this state fish caught by gill net; to provide an exception; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Gillis of the 20th .
The Senate Natural Resources Committee offered the following amendment:

Amend HB 1124 by adding "knowingly" immediately following "unlawful to" on line 32 of page 1.

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On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

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

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

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

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

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

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

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

Senator Marable of the 52nd introduced the doctor of the day, Dr. Billy Burk.

The Calendar was resumed. SR 467. By Senator Ragan of the 11th:

A resolution urging the federal Mississippi River/Gulf of Mexico Watershed Nutrient Task Force to develop an action plan regarding hypoxia that does not create new, costly, and burdensome federal regulations; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution was agreed to.

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

Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate

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Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

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

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

SR 478.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th, Blitch of the 7th and Jackson of the 50th:

A resolution urging the Congress of the United States to address potential federal monetary assessments that could be placed on southeastern peanut growers, including Georgia peanut growers, when the 2000 peanut crop is harvested; and for other purposes.

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
Broun Y Brown 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 Hecht
Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen
Perdue Y Polak

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

On the adoption of the resolution, the yeas were 48, nays 0.

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

SR 172. By Senator Polak of the 42nd:

A resolution declaring March 2, 1999, as the "Governors Council on Developmental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governors Council on Developmental Disabilities provides to individuals with disabilities, their families, and the greater community at large, to enhance the quality of life for people with developmental disabilities.

The Senate Veterans and Consumer Affairs Committee offered the following substitute to SR 172:

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A RESOLUTION
Declaring March 7, 2000, as the "Governor's Council on Developmental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governor's Council on Developmental Disabilities provides to individuals with disabilities, their families, and the greater community at large, to enhance the quality of life for people with developmental disabilities; and for other purposes.
WHEREAS, the Governor's Council on Developmental Disabilities was established in 1971 in response to federal Developmental Disabilities Services and Facilities Construction Amendments of 1970, (P.L. 91-517); and
WHEREAS, the council is a 23 member board appointed by the Governor working in collaboration with consumers, their families, advocacy organizations, and policymakers to enhance the quality of life for people with developmental disabilities and their families; and
WHEREAS, the council promotes and maintains projects for individuals with developmental disabilities creating opportunities for greater independence, inclusive education, access to vital information, involvement with diverse communities, and public policy resulting in positive actions for people with developmental disabilities and their families; and
WHEREAS, the council values its partnership and collaboration with policymakers state wide in order to create systematic change and a society that values all of its citizens; and
WHEREAS, the council will continue to play a role in supporting efforts into the next millennium and beyond to create a state that encourages every individual to live to his or her capacity; and
WHEREAS, the council seeks to provide opportunities for councilmembers, advocates, and individuals with developmental disabilities to address public policy issues such as the "Unlock the Waiting Lists" campaign, accessible housing, supported employment, and long-term care.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that March 7, 2000, shall be known as the "Governor's Council on Developmental Disabilities Day" at the Capitol in recognition of advocates, individuals with disabilities, and councilmembers and their efforts to support individuals with developmental disabilities and their families to create communities where individuals may live to their fullest potential by sponsoring activities that promote the independence, productivity, integration, and inclusion of people with developmental disabilities.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Governor's Council on Developmental Disabilities and the Department of Human Resources.

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

The report of the committee, which was favorable to the 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 Y Brown Y Brush Y Burton

Y Harbison Hecht
Y Hill Y Hooks Y Huggins Y Jackson Y James

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith
Starr

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

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

On the adoption of the resolution, the yeas were 50, nays 0.

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

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

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1187.

By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th and others:

A bill to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary level; to provide for a short title; to amend Code Section 15-11-15 of the Official Code of Georgia Annotated, 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.

Senator Walker of the 22nd moved that the Senate stand in recess until 5:00 p.m., then adjourn pursuant to HR 957, until Monday, February 14, 2000 at 10:00 a.m.; the motion prevailed, and at 11:11 a.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, February 14, 2000 Eighteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1288.

By Representatives Sauder of the 29th, Wiles of the 34th, Golick of the 30th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to add an additional judge to the second division of the State Court of Cobb County.

HB 1347.

By Representative Dukes of the 161st:

A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to reapportion the education districts in said county.

The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate:

HR 1029.

By Representatives Birdsong of the 123rd, Murphy of the 18th, Roberts of the 162nd and others:
A resolution commending all Vietnam Era/Vietnam Veterans and their families; to recognize May 5-7, 2000, as the 25th Observance of the ending of the Vietnam War.

SR 537.

By Senators Polak of the 42nd, Ladd of the 41st, Stokes of the 43rd and others:

A resolution recognizing and commending Scoutmaster Josiah V. Benator; and for other purposes.

The following bills of the Senate were introduced, read the first time and referred to committees:

SB 445. By Senator Lee of the 29th:

A bill to be entitled an Act to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of the term "peace officer"; to include within the definition of the term "peace officer" personnel who are authorized to exercise the power of arrest and who are employed or appointed as jail officers in county jails; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

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SB 446. By Senators Lee of the 29th and Gillis of the 20th:
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 and related offenses, so as to change the provisions relating to the offense of aggravated assault upon a correctional officer; to include county jail officers within the definition of the term "correctional officer" in connection with the offense of aggravated assault; to change the provisions relating to the offense of aggravated battery upon a correctional officer; to include county jail officers within the definition of the term "correctional officer" in connection with the offense of aggravated battery; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Corrections, Correctional Institutions and Property.
SB 447. By Senator Burton of the 5th:
A bill to be entitled an Act to amend Code Section 43-13-8 of the Official Code of Georgia Annotated, relating to rules and regulations applicable to driver training instruction, so as to change provisions relating to standards for driver training courses of secondary schools and their instructors; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 448. By Senators Thomas of the 10th and Scott of the 36th:
A bill to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private entities for the operation and maintenance of its waste-water treatment system, storm-water system, water system, or sewer system, which leases or contracts may include provisions for the design, construction, repair, reconditioning, replacement, maintenance, and operation of the system, or any combination of such services and functions; to provide for the acceptance of competitive sealed proposals for such leases and contracts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
SB 449. By Senators Gillis of the 20th, Starr of the 44th, Dean of the 31st and Kemp of the 3rd:
A bill to be entitled an Act to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications for the office of judge of state court, so as to change provisions relating to residency requirements for said office; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
The following bills of the House were read the first time and referred to committees:
HB 1187. By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th and others:
A bill to be entitled an Act to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary levels; to provide for a short title; to amend Code Section 15-11-15 of the Official Code of Georgia Annotated, 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 repeal Article 4 of said chapter, relating to local school trustees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes

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Referred to the Committee on Education.

HB 1288. By Representatives Sauder of the 29th, Wiles of the 34th, Golick of the 30th and others:

A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4679), so as to add an additional judge to the second division of the State Court of Cobb County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations. HB 1347. By Representative Dukes of the 161st:

A bill to be entitled an Act to amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3917), so as to reapportion the education districts in said county; to provide for submission; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 375. Do pass by substitute. HB 1132. Do pass. HB 1138. Do pass. HB 1139. Do pass. HB 1140. Do pass.

Respectfully submitted, Senator Ragan of the 11th District, Chairman

Mr. President:

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

SB 290. Do pass. SR 480. Do pass. HB 114. Do pass.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President:

The Committee on Finance and Public Utilities 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 350. Do pass by substitute. SB 430. Do pass.

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HB 468. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

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

HB 840. Do pass.

Respectfully submitted, Senator Hill of the 4th District, Chairman

The following bills and resolutions were read the second time:

SB 393 SB 399 SB 403 SB 411 SR 491

HB 453 HB 799 HB 1112 HB 1123 HR 816

The roll was called and the following Senators answered to their names:

Blitch Brown Brush Burton Cable Cagle Cheeks Crotts Dean Fort Gillis Gingrey Golden Guhl Harbison Hecht

Hooks Huggins Jackson James Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer v Bremen Perdue Polak Price,R

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

Those not answering were:
Balfour Bowen Broun Butler Egan Hill Walker

The following member was off the floor of the Senate when the roll was called and wishes to be recorded as present:

Senator Bowen of the 13th The members pledged allegiance to the flag.

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Prayer was offered by Reverend Marty Fields, pastor of Grace Church of the Islands, Savannah, Georgia. Senator Starr of the 44th assumed the Chair.
The following resolutions were read and adopted:
SR 549. By Senator Starr of the 44th: A resolution recognizing and commending Shamea Crane as a Georgia Youth Volunteer; and for other purposes
SR 550. By Senators Perdue of the 18th and Hill of the 4th:
A resolution recognizing and commending the Georgia Institute of Technology Undergraduate Student Government Association; and for other purposes.
SR 551. By Senator Perdue of the 18th:
A resolution recognizing and commending Sagen Woolery as a Georgia Youth Volunteer; and for other purposes.
SR 552. By Senators Thompson of the 33rd, Tanksley of the 32nd, Tate of the 38th and others: A resolution commending Jaclyn Ruth Pell; and for other purposes.
SR 553. By Senators Marable of the 52nd and Dean of the 31st:
A resolution commending Coosa High School's Technology Education Program; and for other purposes.
Senator Land of the 16th moved that the following bill be withdrawn from the Corrections, Correctional Institutions and Property Committee and committed to the Special Judiciary Committee:

SB 11.

By Senators Land of the 16th, Johnson of the 1st, Perdue of the 18th and Price of the 56th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide that any person sentenced to imprisonment other than a sentence of life imprisonment for the first conviction or any subsequent conviction of any serious felony committed on or after the effective date of the Act shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until such person has served 90 percent of the sentence.

On the motion, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch Y Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable

N Harbison N Hecht N Hill Y Hooks N Huggins N Jackson N James Y Johnson,E N Kemp

Y Price,R Y Price,T
Ragan Y Ray N Scott N Smith
Starr (PRS) Y Stephens N Stokes

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

Y Ladd Y Lamutt Y Land
Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the motion, the yeas were 24, nays 27; the motion lost, and SB 11 was not withdrawn and committed.

SENATE RULES CALENDAR

Monday, February 14, 2000 EIGHTEENTH LEGISLATIVE DAY

SB 407 Protection of Elder, Disabled Adults Act of 2000-provide (Amendment) (Corr-34th)

SR 503 Chatham, Fulton, Other Counties-property conveyances, lease, exchange (F&PU-1st)

SR 502 Baldwin, Bartow, Chatham, Other Counties-property conveyances (F&PU-31st)

HB 734

Secretary of State; examining boards; amend provisions (Substitute) (V&CA-15th) Childers-13th

SB 397 Corporations-series of shares (Substitute) (S Judy-40th)

SB 351 Counties/Cities-multiyear lease, purchase contracts (Substitute) (SLGO-G-40th)

SB 300 Insurance-certain charitable gift annuities not constitute business (Substitute) (I&L-46th)

SR 403 Jonathan Jackson McCants Bridge-designate (Trans-14th)

SB 359 Crosswalks-driver stop when pedestrian enters either side (Trans-35th)

SR 516 Baldwin, Decatur, Other Counties-utility easement (F&PU-31st)

HB 455 Georgia Rail Passenger Overview Committee; membership (Trans-19th) Smith-169th

HB 265

Sports officials; assault or battery against; define offense (Substitute) (S Judy-40th) Watson-70t h

SR 388 Bernie Bourdon Memorial Bridge-designate (Substitute) (Trans-17th)

SR 504 Baldwin, Barrow, Other Counties-utility easements (F&PU-31st)

SR 514 Jefferson County-property conveyance (F&PU-23rd)

HB 1153 Roads named by General Assembly or Department of Transportation; official list (Trans-19th) Rice-79th

Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee

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363

The following general bills were read the third time and put upon their passage:
SB 407. By Senators Hecht of the 34th, Scott of the 36th, Kemp of the 3rd and others:
A bill to be entitled an Act to be known as the "Georgia Protection of Elder Persons and Disabled Adults Act of 2000"; to amend Chapters 5, 6, 8, and 9 of Title 16 of the O.C.G.A., relating respectively to crimes against the person, sexual offenses, theft, and forgery and fraudulent practices; Chapters 3 and 8 of Title 17 of the O.C.G.A., relating respectively to limitations on prosecution and trial; Chapter 3 of Title 24 of the O.C.G.A., relating to hearsay; Chapters 1 and 5 of Title 30 of the O.C.G.A., relating respectively to general provisions relative to handicapped persons and protection of disabled adults and elder persons, so as to provide for increased penalties for certain crimes committed against elder persons and certain disabled adults; to repeal conflicting laws; and for other purposes.
The Senate Corrections, Correctional Institutions and Property Committee offered the following amendment:
Amend SB 407 by striking from lines 30 and 31 of page 11 the following:
"counselors, family therapists,".
On the adoption of the amendment, the yeas were 31, 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 Y Brown 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,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 51, nays 0.

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

SR 503. By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th:

A resolution authorizing the conveyances of certain state owned parcels of real property located in Chatham County, Georgia; authorizing the extension of a lease of certain state owned real property located in Fulton County, Georgia; authorizing the exchange of certain state owned parcels of real

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property located in Dawson, Lumpkin, Union and Gilmer counties, Georgia; to repeal conflicting laws; and for other purposes.

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 Y Brown 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,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the adoption of the resolution, the yeas were 48, nays 0.

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

SR 502. By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th:

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 Chatham County, Georgia; authorizing the conveyance of certain state owned real property in Coffee 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 Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Houston County, Georgia; to repeal conflicting laws; and for other purposes.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle

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

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat

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

Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen
Perdue Y Polak

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

On the adoption of the resolution, the yeas were 48, nays 0.

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

The President resumed the Chair.

HB 734. By Representatives Childers of the 13th and Parsons of the 40th:

A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to abolish the office of the joint-secretary of the state examining boards and provide for actions taken prior to such abolition; and for other purposes.

Senate Sponsor: Senator Harbison of the 15th.

The Senate Veterans and Consumer Affairs Committee offered the following substitute to HB 734:

A BILL

To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the professional licensing boards division within the office of the Secretary of State as successor to the office of the joint-secretary of the state examining boards and provide for actions taken prior to such succession; to provide for continuing existence of certain rights, privileges, entitlements and duties of parties to certain contracts, leases, agreements, and other transactions and prohibit the impairment or diminishment thereof; to change the provisions relating to definitions; to provide for references in other statutes; to rename state examining boards as professional licensing boards; to provide for a director, deputy directors, and executive directors of that division and their appointment; to provide for the directors' and board members' compensation and terms of office; to provide for the powers, duties, and functions of such directors; to provide for funding and appropriations; to provide for investigators; to provide for venue and fees; to make conforming amendments to numerous other provisions of the Official Code of Georgia Annotated; to change certain references to the Superior Court of Fulton County; 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.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Code Section 43-1-1, relating to general provisions definitions, and inserting in its place the following:

"43-1-1.

As used in this title, the term:

(1) 'Division' means the professional licensing boards division created under Code Section 43-1-2.

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(1)(2) 'Joint-secretary' 'Division director' means the joint-secretary of the state examining boards individual appointed by the Secretary of State as director of the professional licensing boards division within the office of the Secretary of State.
(2)(3) 'State examining Professional licensing board' means any board, bureau, commission, or other agency of the executive branch of state government which is created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade and which is placed by law under the jurisdiction of the joint-secretary director of the professional licensing boards division within the office of the Secretary of State."
SECTION 2.
Said title is further amended by striking Code Section 43-1-2, relating to powers of the joint-secretary, and inserting in its place the following:
"43-1-2.
(a)(1) There is created within the office of the Secretary of State the professional licensing boards division as successor to the office of the joint-secretary of the state examining boards. The Secretary of State is authorized and directed to appoint a joint-secretary of the state examining boards director of the professional licensing boards division.
(2) Any action of the joint-secretary taken with regard to any state examining board prior to July 1, 2000, shall thereafter be deemed to be action taken by the director of the professional licensing boards division and that division director shall thereafter act in the stead of such joint-secretary and succeed to the powers and duties of the jointsecretary with regard to those state examining boards. The rights, privileges, entitlements, or duties of parties to contracts, leases, agreements, or other transactions entered into by the joint-secretary prior to July 1, 2000, shall continue to exist and shall not be impaired or diminished by reason of the succession of the division director to the powers and duties of the joint-secretary.
(b) The salary of the joint-secretary division director shall be fixed by the Secretary of State, and he or she shall hold office at the pleasure of the Secretary of State.
(c) The joint-secretary, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall employ personnel as deemed necessary to carry out this chapter and to provide for all services required by each of the state examining professional licensing boards and shall establish within the guidelines provided by the laws and rules and regulations of the state merit system the qualifications of such personnel.
(d) The joint-secretary division director, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required by each of the state examining professional licensing boards.
(e) The joint-secretary, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall have the power to employ and shall set the qualifications and salary for a deputy joint-secretary division director and shall appoint executive directors as required who shall act in the absence of the joint-secretary division director and who shall perform such other functions of the joint-secretary division director under this chapter as the joint-secretary division director may designate. The qualifications and appointment of an executive director for the support of a state examining board with an executive director established by legislation prior to January 1, 1981, shall be subject to approval of that board. The deputy joint-secretary division director and executive directors as appointed shall be in the unclassified service and shall be excluded from the classified service as defined in Article 1 of Chapter 20 of Title 45.
(f) Notwithstanding any other provisions of law to the contrary, each member of the various state examining professional licensing boards may receive the same expense allowance as that received by members of the General Assembly provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or

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meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the various state professional licensing boards are subject to approval of the president or chairman chairperson of the respective board and the joint-secretary division director.
(g) All meetings and hearings of the respective state examining professional licensing boards shall be held in the capitol, or at the site of the office of the joint-secretary respective board, or at such other site as may be requested by the chairman chairperson or president of a state examining professional licensing board and approved by the jointsecretary division director.
(h) A majority of the appointed members of a state examining professional licensing board shall constitute a quorum for the transaction of business by that board.
(i) A schedule of all meetings and hearings of the various state examining professional licensing boards shall be maintained at the office of the joint-secretary division director and be available for public review.
(j) The joint-secretary division director shall establish administrative standards for the examination of applicants for licensure by the various state examining professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards shall include the setting of date, time, and location of examinations, subject to the approval of the respective state examining professional licensing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective state examining professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective state examining professional licensing boards.
(k) The joint-secretary division director shall prepare and maintain a roster containing the names and addresses of all current licensees for each of the various state examining professional licensing boards. A copy of this roster shall be available to any person upon request at a fee prescribed by the joint-secretary division director sufficient to cover the cost of printing and distribution. The following shall be treated as confidential and need not be disclosed without the approval of the state examining professional licensing board to which application is made:
(1) Applications and other personal information submitted by applicants, except to the applicant, staff, and the board;
(2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board;
(3) Examination questions and other examination materials, except to the staff and the board; and
(4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes.
(l) Funding for the office of the joint-secretary division director and the various state examining professional licensing boards served by such office shall be contained in a common budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.'"
SECTION 3.
Said title is further amended by striking Code Section 43-1-3, relating to duties of the joint-secretary, and inserting in its place the following:

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"43-1-3.
(a) It shall be the duty of the joint-secretary division director:
(1) To bring together and keep all records relating to the state examining professional licensing boards;
(2) To receive all applications for licenses;
(3) With the consent of the board concerned, to schedule the time and place for examinations;
(4) To schedule the time and place for all hearings;
(5) To issue certificates upon authority of the state examining professional licensing board concerned; and
(6) Except as otherwise provided by law, to collect all fees required by law in connection with the licensing of trades and professions under such boards and to remit the same to the director of the Office of Treasury and Fiscal Services for deposit into the general fund of the state. Notwithstanding any other provision of law, the joint-secretary division director is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter; provided, however, that nothing in this Code section shall be construed so as to allow the joint-secretary division director to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the joint-secretary division director shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such funds.
(b) All orders and processes of the state examining professional licensing boards shall be signed and attested by the joint-secretary division director in the name of the particular examining professional licensing board, with the seal of such board attached. Any notice or legal process necessary to be served upon any of the state examining boards may be served upon the joint-secretary division director."
SECTION 4.
Said title is further amended by striking Code Section 43-1-5, relating to investigators, and inserting in its place the following:
"43-1-5.
(a) Persons hired for the purpose of conducting investigations for the state examining professional licensing boards and the office of the joint-secretary shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the state examining professional licensing boards. Such investigators shall be authorized, upon the written approval of the joint-secretary division director, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police .38 handgun.
(b) Any person designated as an investigator within the meaning of this Code section shall be considered to be a peace officer."
SECTION 5.
Said title is further amended by striking Code Section 43-1-7, relating to fees, and inserting in its place the following:
"43-1-7.
Each state examining professional licensing board is authorized to charge an examination fee, license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the professional

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licensing and examining board shall approximate the total of the direct and indirect costs to the state of the operations of the board. Fees may be refunded for good cause, as determined by the joint-secretary division director."
SECTION 6.
Said title is further amended by striking Code Section 43-1-19, relating to grounds for license sanctions, and inserting in its place the following:
"43-1-19.
(a) A state examining professional licensing board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this Code section, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board;
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere.
The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;
(5) Had his or her license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him o r her by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;
(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice a business or profession licensed under this title, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure

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from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of the business or profession licensed under this title;
(7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by a state examining professional licensing board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;
(8) Violated a statute, law, or any rule or regulation of this state, any other state, the state examining professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this title, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement;
(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without outside this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect;
(10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material;
(11) Failed to comply with an order for child support as defined by Code Section 19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the child support agency within the Department of Human Resources indicating that the applicant or licensee has come into compliance with an order for child support so that a license may issue or be granted if all other conditions for licensure are met; or
(12) Failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3295; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the Georgia Higher Education Assistance Corporation indicating that the applicant or licensee has entered into satisfactory repayment status so that a license may be issued or granted if all other conditions for licensure are met.
(b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a state examining professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section.
(c) For purposes of this Code section, a state examining professional licensing board may obtain, through subpoena by the joint secretary division director, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board.
(d) When a state examining professional licensing board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section or the laws, rules, or regulations relating to the business or profession licensed by the board, the board may take any one or more of the following actions:
(1) Refuse to grant or renew a license to an applicant;
(2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee;
(3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;
(4) Limit or restrict any license as the board deems necessary for the protection of the public;

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(5) Revoke any license;
(6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct;
(7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the licensed business or profession; or
(8) Impose on a licensee or applicant fees or charges in an amount necessary to reimburse an examining the professional licensing board for the administrative and legal costs incurred by the board in conducting an investigative or disciplinary proceeding.
(e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, a state examining professional licensing board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.
(f) Initial judicial review of a final decision of a state examining professional licensing board shall be had solely in the superior court of the county of domicile of the board. The court may assess reasonable and necessary attorney's fees and expenses of litigation in any such review if, upon the motion of any party or the court itself, it finds that an attorney or any party aggrieved by an action of the board appealed such action of the board or any part thereof when such appeal lacked substantial justification or when such appeal or any part thereof was interposed for delay or harassment or if it finds that an attorney or aggrieved party unnecessarily expanded the proceeding by other improper conduct. As used in this subsection, 'lacked substantial justification' means substantially frivolous, substantially groundless, or substantially vexatious.
(g) In its discretion, a state examining professional licensing board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this Code section or the laws relating to the licensed business or profession.
(h)(1) The joint-secretary of the state examining boards division director is vested with the power and authority to make, or cause to be made through employees or agents of each state examining board the division, such investigations as he or she or the a respective board may deem necessary or proper for the enforcement of the provisions of this Code section and the laws relating to businesses and professions licensed by that board. Any person properly conducting an investigation on behalf of a state examining professional licensing board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The joint-secretary division director or his or her appointed representative may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of the licensed business or profession subject to regulation or licensing by such board may have taken place.
(2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the joint-secretary division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.
(3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his or her capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public.

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(4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant.
(i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice a business or profession licensed under this title or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to a state examining professional licensing board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice the business or profession licensed by the board shall be immune from civil and criminal liability for so testifying.
(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of said chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the licensee or applicant.
(k) If any licensee or applicant after reasonable notice fails to appear at any hearing of the state examining professional licensing 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. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally 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 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the joint-secretary division director, or his or her designee, shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the joint-secretary that director, or that director's designee, shall be deemed to be service upon the licensee or applicant.
(l) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of a board. A board may restore and reissue a license to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the law relating to that board.
(m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, limited liability companies, or other associations of any kind whatsoever.
(n) Regulation by a state examining professional licensing board of a business or profession licensed under this title shall not exempt that business or profession from regulation pursuant to any other applicable law, including but not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'
(o) Subsections (a), (d), and (e) of this Code section shall be supplemental to and shall not operate to prohibit any examining professional licensing board from acting pursuant to those provisions of law which may now or hereafter authorize other disciplinary grounds and actions for that particular state examining board. In cases where those other provisions of law so authorize other disciplinary grounds and actions but subsection (a), (d), or (e) of this Code section limit such grounds or actions, those other provisions shall apply."
SECTION 7.
Said title is further amended by striking Code Section 43-1-21, relating to release of investigative information, and inserting in its place the following:

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"43-1-21.
The joint-secretary of the state examining boards division director is authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by that board or licensee of that board notwithstanding the provisions of subsection (h) of Code Section 43-1-19 or any other law to the contrary regarding the confidentiality of that information. Nothing in this Code section or chapter shall be construed to prohibit or limit the authority of the joint-secretary that director to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure by a state examining board."
SECTION 8.
Said title is further amended by striking Code Section 43-1-22, relating to inactive status, and inserting in its place the following:
"43-1-22.
The joint-secretary of the state examining boards division director may provide for inactive status licenses for the various state examining professional licensing boards."
SECTION 9.
Said title is further amended by striking paragraph (7) of Code Section 43-10A-3, relating to definitions regarding licensing of professional counselors, social workers, and marriage and family therapists, and inserting in its place the following:
"(7) 'Joint-secretary' 'Division director' means the joint-secretary of the state examining boards director of the professional licensing boards division. The joint-secretary division director shall serve as secretary to the board."
SECTION 10.
Said title is further amended by striking subsections (b), (c), (h), and (k) of Code Section 43-10A-17, relating to sanctions against persons licensed as professional counselors, social workers, or marriage and family therapists, and inserting in their respective places the following subsections:
"(b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a state examining professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section.
(c) For purposes of this Code section, the board may obtain, through subpoena by the joint-secretary division director, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board."
"(h)(1) The joint-secretary of the state examining boards division director is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he or she or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The joint-secretary division director or his or her appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter may have taken place.
(2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the joint-secretary division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board,

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for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.
(3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his or her capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public.
(4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant."
"(k) If any licensee or applicant after reasonable notice fails to appear at any hearing of the board, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the joint-secretary division director shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the joint-secretary division director shall be deemed to be service upon the licensee or applicant."
SECTION 11.
Said title is further amended by striking subsection (b) of Code Section 43-19-16, relating to sanctions against licenses of geologists, and inserting in its place the following:
"(b) The action by the board in granting or refusing to grant or renew a certificate under this chapter or in revoking or suspending or in refusing to revoke or suspend such a certificate may be appealed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' to the superior court of the county in which the office of the joint-secretary is located of domicile of the board; provided that, if the findings of the board are supported by any evidence, such findings shall be accepted by the court."
SECTION 12.
Said title is further amended by striking Code Section 43-24-3, relating to powers of the joint-secretary regarding the State Board for the Certification of Librarians, and inserting in its place the following:
"43-24-3.
The same jurisdiction, duties, powers, and authority which the joint-secretary division director has with reference to other examining professional licensing boards is conferred upon him that director with respect to the board."
SECTION 13.
Said title is further amended by striking subsection (b) of Code Section 43-26-5, relating to general powers of the Georgia Board of Nursing, and inserting in its place the following:
"(b) The board shall be the sole examining professional licensing board for determining if a registered professional nurse or any other person has engaged illegally in the practice of nursing. If a registered professional nurse is charged with the unauthorized practice of any other health profession by any other examining board, such board shall notify the Georgia Board of Nursing before conducting any hearing. Nothing contained in this article shall be construed to limit any powers of any other state examining board."
SECTION 14.

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Said title is further amended by striking Code Section 43-34-24.1, relating to the status of the Composite State Board of Medical Examiners, and inserting in its place the following:
"43-34-24.1.
(a) The board shall not be under the jurisdiction of the joint-secretary or the Secretary of State but shall be an independent state agency attached to the Department of Community Health for administrative purposes only, as provided in Code Section 50-4-3, except that such department shall prepare and submit the budget for the board. The board shall not be a state examining professional licensing board but shall have with respect to all matters within the jurisdiction of the Composite State Board of Medical Examiners as provided under this chapter the powers, duties, and functions of such examining licensing boards as provided in Chapter 1 of this title.
(b) The board shall appoint and fix the compensation of an executive director of such board who shall serve at the pleasure of the board. Any reference in this chapter to the executive director shall mean the executive director appointed pursuant to this subsection. The executive director shall have, with respect to the board, the same powers, duties, and functions granted to the joint-secretary division director with respect to state examining professional licensing boards under Chapter 1 of this title but without being subject to any approval or other powers exercised by the Secretary of State with regard to state examining boards.
(c) Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the president of the board. A majority of the members of the board shall constitute a quorum for the transaction of business of the board.
(d) Licenses issued by the board which are subject to renewal shall be valid for up to two years and shall be renewable biennially on the renewal date established by the board.
(e) The board, through the executive director, may hire investigators for the purpose of conducting investigations for the board and those persons shall be designated as investigators and have the powers, duties, and status of investigators for state examining professional licensing boards under Code Section 43-1-5.
(f) The venue of any action involving members of the board shall be governed by the laws of this state relating to venue. The executive director of the board shall not be considered a member of the board in determining the venue of any such action and no court shall have jurisdiction of any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction.
(g) The board shall give point credit to veterans in the same manner as required for state examining professional licensing boards under Code Sections 43-1-9 through 43-1-13.
(h) Persons appointed to the board shall be subject to Senate confirmation as provided in Code Section 43-1-16 and subject to removal as provided in Code Section 43-1-17.
(i) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board.
(j) The board, through the executive director, shall hire such personnel as it deems necessary to carry out its functions under this chapter and may appoint professionally qualified persons to serve as members of peer review committees; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise.
(k) The board shall make a report no later than December 31 of each year covering the activities of the board for that calendar year, which report shall be submitted to the commissioner of community health, and shall be made available to any member of the General Assembly upon request."
SECTION 15.

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Said title is further amended by striking paragraph (1) of Code Section 43-38-3, relating to definitions regarding the Georgia Board of Private Detective and Security Agencies, and inserting in it place the following:
"(1) 'Board' means the Georgia Board of Private Detective and Security Agencies, a state professional licensing and examining board."
SECTION 16.
Said title is further amended by striking subsection (a) of Code Section 43-39-5, relating to officers of the State Board of Examiners of Psychologists, and inserting in its place the following:
"(a) The board shall elect annually a president and a vice-president. The board shall operate under the terms of Chapter 1 of this title, providing for a joint-secretary division director for the several state examining professional licensing boards division; and the joint-secretary division director shall serve the board as provided by law."
SECTION 17.
Said title is further amended by striking subsection (g) of Code Section 43-40-2, relating to creation of the Georgia Real Estate Commission, and inserting in its place the following:
"(g) The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, that the commission shall be assigned for administrative purposes only to the office of the Secretary of State and the joint-secretary."
SECTION 18.
Said title is further amended by striking from the following Code sections "Superior Court of Fulton County" wherever it appears and inserting in its place "superior court of the county of domicile of the board":
(1) Code Section 43-29-13, relating to appeal of decisions of the State Board of Dispensing Opticians;
(2) Code Section 43-35-16, relating to judicial review of decisions of the State Board of Podiatry Examiners; and
(3) Code Section 43-38-11, relating to judicial review of decisions of the Georgia Board of Private Detective and Security Agencies.
SECTION 19.
The Official Code of Georgia Annotated is amended by striking from the following Code sections "joint-secretary" wherever it appears and inserting in its place "division director" and by striking "state examining" wherever it appears and inserting in its place "professional licensing":
(1) Code Section 20-3-250.26, relating to examining board authority regarding certain educational institutions;
(2) Code Section 25-4-3, relating to organization of the Georgia Firefighter Standards and Training Council;
(3) Code Section 25-9-13, relating to penalties regarding blasting;
(4) Code Section 26-4-43, relating to temporary pharmacist licenses;
(5) Code Section 26-4-44, relating to pharmacist license renewal;
(6) Code Section 26-4-45, relating to pharmacist continuing education;
(7) Code Section 26-4-49, relating to drug researcher's permits;

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(8) Code Section 26-4-61, relating to temporary suspension of pharmacist licenses; (9) Code Section 26-4-115, relating to wholesale drug distributors; (10) Code Section 31-5A-3, relating to powers of the Board of Community Health; (11) Code Section 43-1-4, relating to license expiration and renewal dates; (12) Code Section 43-1-6, relating to venue of actions; (13) Code Section 43-1-9, relating to veterans' credit; (14) Code Section 43-1-10, relating to credit when examinations are given in parts; (15) Code Section 43-1-11, relating to grading examinations; (16) Code Section 43-1-12, relating to information regarding veterans' credits; (17) Code Section 43-1-14, relating to Governor's appointments to certain boards; (18) Code Section 43-1-16, relating to Senate confirmation of appointments; (19) Code Section 43-1-17, relating to removal from office of members of examining boards; (20) Code Section 43-1-18, relating to consumer members' voting eligibility on examining boards; (21) Code Section 43-1-19.2, relating to application questions regarding sanctions; (22) Code Section 43-1-20, relating to actions to enjoin unlicensed practice; (23) Code Section 43-1-20.1, relating to cease and desist orders against practice; (24) Code Section 43-1-23, relating to filing licenses with the clerk of the superior court; (25) Code Section 43-1-24, relating to licensed professionals subject to examining boards; (26) Code Section 43-1-25, relating to authority of examining boards to promulgate rules; (27) Code Section 43-1B-3, relating to patient self-referral definitions; (28) Code Section 43-2-4, relating to audits of regulatory agencies; (29) Code Section 43-3-4, relating to organization of the State Board of Accountancy; (30) Code Section 43-3-7, relating to examinations for certified public accountants; (31) Code Section 43-3-9, relating to titles used by certified public accountants; (32) Code Section 43-3-14, relating to examinations for registered accountants; (33) Code Section 43-3-16, relating to titles used by registered public accountants; (34) Code Section 43-3-24, relating to permits to engage in public accountancy; (35) Code Section 43-4-5, relating to record of the State Board of Architects;

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(36) Code Section 43-4-11, relating to exam qualifications for examinations for architects; (37) Code Section 43-4-12, relating to filing of evidence of qualifications for examination for architects; (38) Code Section 43-4A-3, relating to creation of the Georgia Athlete Agent Regulatory Commission; (39) Code Section 43-4A-10, relating to temporary registration as athlete agents; (40) Code Section 43-5-4, relating to records of the Georgia Board of Athletic Trainers; (41) Code Section 43-5-11, relating to hearings upon sanctions against athletic trainers; (42) Code Section 43-6-2, relating to creation of the Georgia Auctioneers Commission; (43) Code Section 43-6-13, relating to license fees for auctioneers; (44) Code Section 43-7-3, relating to definitions regarding licensing of barbers; (45) Code Section 43-7-7, relating to meetings of the State Board of Barbers; (46) Code Section 43-7-9, relating to powers of the State Board of Barbers; (47) Code Section 43-7-18, relating to renewal of barbers' licenses; 48) Code Section 43-8A-20, relating to continuation of the State Boxing Commission; (49) Code Section 43-9-5, relating to reimbursement of members of Georgia Board of Chiropractic Examiners; (50) Code Section 43-9-6.1, relating to authority of Georgia Board of Chiropractic Examiners; (51) Code Section 43-9-7, relating to qualifications for license as chiropractor; (52) Code Section 43-9-12, relating to sanctions against chiropractic licensees; (53) Code Section 43-9-14, relating to records of revocation of chiropractor's license; (54) Code Section 43-9-15, relating to reissuance of chiropractors' licenses; (55) Code Section 43-10-5, relating to records of the State Board of Cosmetology; (56) Code Section 43-10-6, relating to sanitary requirements of beauty shops; (57) Code Section 43-10-7, relating to issuance of certificates of registration for cosmetologists; (58) Code Section 43-10-8, relating to certificates required to practice cosmetology; (59) Code Section 43-10-9, relating to application for certificates of registration for cosmetologists; (60) Code Section 43-10-10, relating to display of cosmetologists' certificates of registration; (61) Code Section 43-10-11, relating to registration of beauty shops; (62) Code Section 43-10-12, relating to permits for schools of cosmetology; (63) Code Section 43-10-14, relating to age for learning cosmetology;

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(64) Code Section 43-10A-5, relating to oath for Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; (65) Code Section 43-10A-18, relating to injunctions to enforce laws regarding professional counselors, social workers, and marriage and family therapists; (66) Code Section 43-11-5, relating to change of address of members of Georgia Board of Dentistry; (67) Code Section 43-11-8, relating to powers of the Georgia Board of Dentistry; (68) Code Section 43-11-12, relating to public inspection of records of the Georgia Board of Dentistry; (69) Code Section 43-11-13, relating to service of orders of Georgia Board of Dentistry; (70) Code Section 43-11-40, relating to qualifications for license to practice dentistry; (71) Code Section 43-11-43, relating to fees for licenses to practice dentistry; (72) Code Section 43-11-46, relating to continuing education for dentists; (73) Code Section 43-11-47, relating to sanctions against dentist licensees; (74) Code Section 43-11-48, relating to proceedings of the Georgia Board of Dentistry; (75) Code Section 43-11-70, relating to examination and licensing of dental hygienists; (76) Code Section 43-11-73, relating to renewal of dental hygienist's licenses; (77) Code Section 43-11A-15, relating to sanctions by the Georgia Board of Examiners of Licensed Dietitians; (78) Code Section 43-14-3, relating to creation of the State Construction Industry Licensing Board; (79) Code Section 43-14-6, relating to powers of the State Construction Industry Licensing Board; (80) Code Section 43-14-7, relating to orders of the State Construction Industry Licensing Board; (81) Code Section 43-15-4, relating to rules of the State Board of Registration for Professional Engineers and Land Surveyors; (82) Code Section 43-15-17, relating to renewal of professional engineers' certificates; (83) Code Section 43-15-18, relating to effect of professional engineers' certificates of registration; (84) Code Section 43-18-22, relating to organization of the State Board of Funeral Service; (85) Code Section 43-18-40, relating to applications for embalmers' and funeral directors' licenses; (86) Code Section 43-19-5, relating to organization of the State Board of Registration for Professional Geologists; (87) Code Section 43-19-7, relating to appeals from decision of the State Board of Registration for Professional Geologists; (88) Code Section 43-19-8, relating to records of the State Board of Registration for Professional Geologists; (89) Code Section 43-19-15, relating to certificates of registration of geologists;

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(90) Code Section 43-20-3, relating to definitions regarding hearing aid dealers and dispensers; (91) Code Section 43-20-5, relating to meetings of the State Board of Hearing Aid Dealers and Dispensers; (92) Code Section 43-20-6, relating to powers of the State Board of Hearing Aid Dealers and Dispensers; (93) Code Section 43-20-7, relating to licenses of hearing aid dispensers; (94) Code Section 43-20-9, relating to examinations for licensing as hearing aid dealer; (95) Code Section 43-20-11, relating to apprentice dispensers' permits; (96) Code Section 43-20-12, relating to notices by hearing aid dealers; (97) Code Section 43-20-14, relating to renewal of licenses of hearing aid dealers; (98) Code Section 43-23-2, relating to creation of Georgia Board of Landscape Architects; (99) Code Section 43-23-8, relating to examination for licenses of landscape architects; (100) Code Section 43-24-6, relating to applicants for librarians' certificates; (101) Code Section 43-26-39, relating to renewal of licensed practical nurses' licenses; (102) Code Section 43-27-3, relating to organization of State Board of Nursing Home Administrators; (103) Code Section 43-27-8, relating to fees for nursing home administrators; (104) Code Section 43-28-3, relating to definitions regarding occupational therapists; (105) Code Section 43-28-5, relating to joint-secretary's duties regarding State Board of Occupational Therapy; (106) Code Section 43-28-6, relating to records of the State Board of Occupational Therapy; (107) Code Section 43-28-7, relating to powers of State Board of Occupational Therapy; (108) Code Section 43-28-14, relating to renewal of licenses for occupational therapists; (109) Code Section 43-29-3, relating to creation of the State Board of Dispensing Opticians; (110) Code Section 43-29-4, relating to records of the State Board of Dispensing Opticians; (111) Code Section 43-29-8, relating to fees and examinations of dispensing opticians; (112) Code Section 43-29-10, relating to registration of dispensing opticians; (113) Code Section 43-29-19, relating to advance fees of dispensing opticians; (114) Code Section 43-30-7, relating to certificates of registration for optometrists; (115) Code Section 43-30-8, relating to registration of optometrists; (116) Code Section 43-30-11, relating to appeal of decisions of State Board of Optometry; (117) Code Section 43-33-9, relating to the secretary of the State Board of Physical Therapy;

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(118) Code Section 43-33-10, relating to powers of the State Board of Physical Therapy; (119) Code Section 43-33-16, relating to expiration of physical therapists' licenses; (120) Code Section 43-34-148, relating to sanctions against respiratory care professionals; (121) Code Section 43-35-3, relating to definitions regarding podiatry practice; (122) Code Section 43-35-8, relating to joint-secretary's duties with State Board of Podiatry Examiners; (123) Code Section 43-35-9, relating to duties of the State Board of Podiatry Examiners; (124) Code Section 43-35-15, relating to renewal of licenses to practice podiatry; (125) Code Section 43-35-16, relating to sanctions of persons holding licenses to practice podiatry; (126) Code Section 43-38-4, relating to creation of the Georgia Board of Private Detective and Security Agencies; (127) Code Section 43-38-6, relating to licenses for private detective businesses; (128) Code Section 43-38-7, relating to registration of employees of private detective businesses; (129) Code Section 43-38-9, relating to fingerprints of applicants for private detective business licenses; (130) Code Section 43-38-10, relating to permits to carry firearms for persons licensed as private detective businesses or security agencies; (131) Code Section 43-39-6, relating to the code of conduct of State Board of Examiners of Psychologists; (132) Code Section 43-39-8, relating to applications for license to practice psychology; (133) Code Section 43-39-13, relating to sanctions of persons holding licenses to practice psychology; (134) Code Section 43-44-6, relating to powers of State Board of Examiners for Speech Language Pathology and Audiology; (135) Code Section 43-47-4, relating to secretary of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers; (136) Code Section 43-47-8, relating to license applications to the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers; (137) Code Section 43-50-22, relating to license requirements for veterinarians; (138) Code Section 43-50-24, relating to examinations for licenses to practice veterinary medicine; (139) Code Section 43-50-26, relating to renewal of license to practice veterinary medicine; (140) Code Section 43-50-27, relating to sanctions against persons licensed as veterinarians; (141) Code Section 43-50-53, relating to examinations for certificates to practice as veterinary technicians; (142) Code Section 43-50-54, relating to duties of veterinary technicians; (143) Code Section 43-51-3, relating to creation of State Board of Examiners for Certification of Water and Wastewater and Treatment Plant Operators and Laboratory Analysts;

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(144) Code Section 43-51-4, relating to administrative agent for State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts; and
(145) Code Section 47-17-1, relating to definitions regarding the Peace Officers' Annuity and Benefit Fund.
SECTION 20.
Part 2 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to professional forestry, is amended by striking from the following Code sections, wherever it appears, "joint-secretary of the state examining boards" and inserting in its place "division director of the professional licensing boards division, as provided in Chapter 1 of Title 43":
(1) Code Section 12-6-46, relating to meetings of State Board of Registration for Foresters;
(2) Code Section 12-6-51, relating to examinations for licensing a registered forester; and
(3) Code Section 12-6-56, relating to licenses for registered foresters.
SECTION 21.
Code Section 14-10-2 of the official Code of Georgia Annotated, relating to definitions regarding professional associations, is amended by striking paragraph (2) and inserting in its place the following:
"(2) 'Professional service' means the personal services rendered by attorneys at law and any type of professional service which may be legally performed only pursuant to a license from a state examining board pursuant to Title 43, for example, the personal services rendered by certified public accountants, chiropractors, dentists, osteopaths, physicians and surgeons, and podiatrists (chiropodists)."
SECTION 22.
Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by striking paragraph (20) of Code Section 26-4-5, relating to definitions regarding pharmacists and pharmacies, and inserting in its place the following:
"(20)(11.1) 'Joint-secretary' 'Division director' means the joint-secretary of the state examining boards division director of the professional licensing boards division, as provided in Chapter 1 of Title 43."
SECTION 23.
Said chapter is further amended by striking Code Section 26-4-24, relating to Georgia State Board of Pharmacy meetings, and inserting in its place the following:
"26-4-24.
The board shall meet at least annually to organize and elect a president and a vice-president from its members. The joint-secretary division director shall be the secretary of the board and shall have all the power, duties, and authority with reference to such board as shall be prescribed by Chapter 1 of Title 43 and shall perform such other duties as may be prescribed by the board. All appeals from the decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board may be filed with or served upon the joint-secretary division director at his or her office in Fulton County the county of domicile of the professional licensing boards division."
SECTION 24.

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Said chapter is further amended by striking subsection (e) of Code Section 26-4-130, relating to drug dispensing, and inserting in its place the following:

"(e) Any practitioner who desires to dispense drugs shall notify, at the time of the renewal of that practitioner's license to practice, that practitioner's respective examining licensing board of that practitioner's intention to dispense drugs. That examining licensing board shall notify the board regarding each practitioner concerning whom that board has received a notification of intention to dispense drugs. The examining licensing board's notification shall include the following information:
(1) The name and address of the practitioner;

(2) The state professional license number of the practitioner;

(3) The practitioner's Drug Enforcement Administration license number; and

(4) The name and address of the office or facility from which such drugs shall be dispensed and the address where all records pertaining to such drugs shall be maintained."

SECTION 25.

Code Section 48-2-11 of the Official Code of Georgia Annotated, relating to delegation of collection duties by the Department of Revenue, is amended by striking subsection (e) thereof, and inserting in its place the following:

"(e) This chapter shall not in any way affect the collection and administration activities of those regulatory, professional, or vocational bodies or boards operated under a joint secretary under the division director of the professional licensing boards division appointed by the Secretary of State under Code Section 43-1-2 as provided by law or of those other regulatory bodies where a major portion of the license fees is collected by mail."

SECTION 26.

This Act shall become effective on July 1, 2000.

SECTION 27.

All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the 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 Blitch
Y Bowen Y Broun Y Brown
Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y Madden

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

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Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Marable Y Meyer v Bremen
Perdue Y Polak

Y Thomas,R Y Thompson Y Walker Y Williams

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

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

SB 397.

By Senator Egan of the 40th:
A bill to be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for creation of one or more series of shares within a class of shares; to provide for the number of shares, a distinguishing designation, and the preferences, limitations, and relative rights of the shares in a series; to provide that all shares of a series shall have identical preferences, limitations, and relative rights; to provide for exceptions; to provide for making the characteristics of the shares of a series or the holders thereof dependent upon facts ascertainable outside the articles of incorporation; to provide for a nonexhaustive list of characteristics of the shares of a series; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The Senate Special Judiciary Committee offered the following substitute to SB 397:
A BILL
To be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for creation of one or more series of shares within a class of shares in the articles of incorporation including the number of shares, a distinguishing designation, and the preferences, limitations, and relative rights of the shares in a series; to provide that all shares of a series shall have identical preferences, limitations, and relative rights; to provide for exceptions; to provide for making the characteristics of the shares of a series or the holders thereof dependent upon facts ascertainable outside the articles of incorporation; to provide for a nonexhaustive list of characteristics of the shares of a series; to provide for eliminating a series of shares in certain circumstances; to provide for provisions permissible as terms and conditions of certain rights, options, or warrants; to provide for the applicability of specified definitions; to provide for a limitation on certain provisions of rights, options, or warrants; to limit provisions relating to voting agreements which eliminate or restrict the power of a board of directors to corporations whose shares are not publicly traded; to provide for the adoption and written form of voting agreements; to provide for the method of amending, duration, and notice of such agreements; to provide when such agreements shall cease to be effective and for the effect of an agreement limiting the discretion or powers of a board of directors; to provide that such an agreement shall not be a ground for imposing personal liability on a shareholder for the acts or debts of the corporation; to provide for limitation of the powers of the board of directors in certain provisions of rights, options, or warrants; to clarify the powers of a committee of the board of directors; to provide that certain voting agreements are the exclusive method for permitting a bylaw limiting the authority of the board of directors; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, is amended by striking in its entirety Code Section 14-2-601, relating to authorized shares, and inserting in its place the following:
"14-2-601.

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(a) The articles of incorporation must prescribe the classes of shares and the number of shares of each class that the corporation is authorized to issue. If more than one class of shares is authorized, the articles of incorporation must prescribe a distinguishing designation for each class and, prior to the issuance of shares of a class, the preferences, limitations, and relative rights of that class must be described in the articles of incorporation. Except to the extent otherwise permitted by Code Section 14-2-602 14-2-624, unless such class is divided into a series, all shares of a class must have preferences, limitations, and relative rights identical with those of other shares of the same class; provided, however, that any of the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares of a class, or the holders thereof, may be made dependent upon facts ascertainable outside the articles of incorporation or of any amendment thereto if the manner in which the facts shall operate upon the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares, or the holders thereof, is clearly and expressly set forth in the articles of incorporation.
(b) The articles of incorporation may create one or more series of shares within a class of shares. If more than one series within a class of shares is authorized, the articles of incorporation must prescribe the number of shares of and a distinguishing designation for each series and, prior to the issuance of shares of a series, the preferences, limitations, and relative rights of that series must be described, in the articles of incorporation. Except to the extent otherwise permitted by Code Section 14-2-624, all shares of a series must have preferences, limitations, and relative rights identical with those of other shares of the same series and, except to the extent otherwise provided in the description of the series, with those of other series of the same class; provided, however, that any of the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares of a series, or the holders thereof, may be made dependent upon facts ascertainable outside the articles of incorporation or of any amendment thereto if the manner in which the facts shall operate upon the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares, or the holders thereof, is clearly and expressly set forth in the articles of incorporation.
(b)(c) The articles of incorporation must authorize:
(1) One or more classes of shares that together have unlimited voting rights; and
(2) One or more classes of shares (which may be the same class or classes as those with voting rights) that together are entitled to receive the net assets of the corporation upon dissolution.
(c)(d) The articles of incorporation may authorize one or more classes or series of shares that:
(1) Have special, conditional, or limited voting rights, or no right to vote, except to the extent prohibited by this chapter;
(2) Are redeemable, exchangeable, or convertible as specified in the articles of incorporation:
(A) At the option of the corporation, the shareholder, or another person or upon the occurrence of a designated event;
(B) For cash, indebtedness, securities, or other property; or
(C) In a designated amount or in an amount determined in accordance with a designated formula or by reference to extrinsic data or events;
(3) Entitle the holders to distributions calculated in any manner, including dividends that may be cumulative, noncumulative, or partially cumulative; and
(4) Have preference over any other class or series within a class of shares with respect to distributions, including dividends and distributions upon the dissolution of the corporation.
(d)(e) If at the time the corporation issues shares or other securities that are redeemable or exchangeable for or convertible into shares of another class or series, the corporation does not have authorized and unissued shares

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sufficient to satisfy the rights if and when exercised, the granting of the rights is not invalid solely by reason of the lack of sufficient authorized but unissued shares to honor the exercise of the rights.
(e)(f) The description of the designations, preferences, limitations, and relative rights of share classes and series in subsection (c) (d) of this Code section is not exhaustive.
(f)(g) Solely for the purpose of any statute or regulation imposing any tax or fee based upon the capitalization of a corporation, all authorized shares of a corporation organized under this chapter shall be deemed to have a nominal or par value of 1_ per share. If any federal or other statute or regulation applicable to a particular corporation requires that the shares of the corporation have a par value, the shares shall be deemed to have the par value determined by the board solely for the purpose of satisfaction of the requirements of the statute or regulation imposing a tax or fee based upon the capitalization of the corporation.
(h) Nothing contained in this Code section shall be deemed to limit the board of directors' authority or discretion to determine the terms and conditions of rights, options, or warrants issuable pursuant to Code Section 14-2-624."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 14-2-602, relating to terms of a class or series of shares, and inserting in lieu thereof the following: "
14-2-602.
(a) If the articles of incorporation so provide, the board of directors may determine, in whole or in part, the preferences, limitations, and relative rights of (1) any class of shares before the issuance of any shares of that class or (2) one or more series within a class, and designate the number of shares within that series, before the issuance of any shares of that series.
(b) Each series of a class must be given a distinguishing designation.
(c) All shares of a series Except to the extent otherwise permitted by Code Section 14-2-624, all shares of a class or, if applicable, series within a class must have preferences, limitations, and relative rights identical with those of other shares of the same class or series and, except to the extent otherwise provided in the description of the series, all shares of a series must have preferences, limitations, and relative rights identical with those of other series of the same class; provided, however, that any of the voting powers, preferences, designations, rights, qualifications, limitations, or restrictions of or on the class or series of shares, or the holders thereof, may be made dependent upon facts ascertainable outside the articles of incorporation if the manner in which the facts shall operate upon the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares, or the holders thereof, is clearly and expressly set forth in the articles of incorporation.
(d) Before issuing any shares of a class or series created under this Code section, the corporation must deliver to the Secretary of State for filing articles of amendment, which are effective without shareholder action, that set forth:
(1) The name of the corporation;
(2) The text of the amendment determining the terms of the class or series of shares;
(3) The date it was adopted; and
(4) A statement that the amendment was duly adopted by the board of directors.
(e) After the board of directors has established a series in accordance with the terms of this Code section, the board of directors at any time and from time to time may increase or decrease the number of shares contained in the series, but not below the number of shares then issued, or eliminate the series where no shares are issued by filing articles of amendment, which are effective without shareholder action, in the manner provided in subsection (d) of this Code section.

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(f) If the articles of incorporation of a corporation formed prior to July 1, 1989, authorize shares of a class to be divided into series, but do not authorize the board of directors to fix and determine the preferences, limitations, and relative rights of any class of shares or of one or more series, these preferences, limitations, and relative rights may be fixed and determined by a resolution adopted at a shareholders' meeting by the affirmative vote of the holders of a majority of the shares of each class outstanding, whether or not the shares are otherwise entitled to vote. Nothing contained in this Code section shall be deemed to limit the board of directors' authority or discretion to determine the terms and conditions of rights, options, or warrants issuable pursuant to Code Section 14-2-624."
SECTION 3.
Said chapter is further amended in Code Section 14-2-624, relating to share options, by striking in its entirety subsection (c), and inserting in lieu thereof the following:
"(c) The terms of the rights, options, or warrants, including the time or times, the conditions precedent, and the prices at which and the holders by whom the rights, options, or warrants may be exercised, as well as their duration, (1) may preclude or limit the exercise, transfer, or receipt of such rights, options, or warrants or invalidate or void any rights, options, or warrants and (2) may be made dependent upon facts ascertainable outside the documents evidencing the rights, or the resolution providing for the issue of the rights, options, or warrants adopted by the board of directors, if the manner in which the facts shall operate upon the exercise of rights is clearly and expressly set forth in the document evidencing the rights or in the resolution. Nothing contained in Code Section 14-2-601 shall be deemed to limit the board of directors' authority to determine, in its sole discretion, the terms and conditions of the rights, options, or warrants issuable pursuant to this Code section. Such terms and conditions need not be set forth in the articles of incorporation.
(d) The terms and conditions of rights, options, or warrants issuable pursuant to this Code section may include provisions that:
(1) Preclude or limit the exercise, transfer, or receipt of such rights, options, or warrants by, or invalidate or void any such rights, options, or warrants held by, any person that is a beneficial owner of a specified amount of the outstanding equity securities or percentage of the outstanding voting power of the corporation, or by any transferee of such person, except that such provisions shall not affect any person whose beneficial ownership at the date of adoption of any such provision exceeds such specified amount or percentage, unless the amount of outstanding equity securities beneficially owned by such person is subsequently increased; and
(2) Limit, restrict, or condition the power of a future director to vote for the redemption, modification, or termination of the rights, options, or warrants for a period not to exceed 180 days from the initial election of the director; provided that, such 180 day time limitation shall not apply to any such limitation, restriction, or condition that is based solely on a director's current or former status as an employee or officer of the corporation; as a director, officer, employee, affiliate, or associate of any interested shareholder or person seeking to become an interested shareholder; or as a director, officer, or employee of an affiliate of an interested shareholder or person seeking to become an interested shareholder.
(e) The provisions of subsection (d) of this Code section shall be applied as follows:
(1) The definition of 'beneficial owner' contained in Code Section 14-2-1110 shall be applicable to this Code section, except (A) any exclusion from such definition shall be permitted, and (B) that the effective date of this paragraph shall be December 31, 2000, insofar as it may be deemed to apply to any right, option, or warrant issued or issuable at the date of enactment of this paragraph;
(2) The definition of 'affiliate,' 'associate,' and 'interested shareholder' contained in Code section 14-2-1110 shall be applicable to this Code section; provided, however, that the inclusion of a person as a nominee for election as a director of the corporation by an interested shareholder or person seeking to become an interested shareholder shall not create an implication that such nominee is an affiliate of an interested shareholder or person seeking to become an interested shareholder; and

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(3) Any rights, options, or warrants issued or issuable pursuant to this Code section that contain a provision otherwise permitted by paragraph (2) of subsection (d) of this Code section but which does not purport to comply with the 180 day time limitation specified therein shall not be rendered invalid, but any such provision shall be deemed to be effective only to the extent permitted by paragraph (2) of subsection (d) of this Code section."
SECTION 4.
Said chapter is further amended by striking in its entirety Code Section 14-2-731, relating to shareholder agreements, and inserting in lieu thereof the following:
"14-2-731.
(a) Two or more shareholders may provide for the manner in which their shares will be voted by signing an agreement for that purpose. A voting agreement created under this Code section or under subsection (b), (f), or (g) of Code Section 14-2-920 is not subject to the provisions of Code Section 14-2-730.
(b) A voting agreement created under this Code section is specifically enforceable.
(c)-Except in cases where the shares of the corporation are listed on a national securities exchange or regularly quoted in the markets maintained by securities dealers or brokers, no written agreement by all the shareholders, whether embodied in the articles of incorporation or bylaws or in any agreement in writing, which relates to any phase of the affairs of the corporation, whether to the management of its business or to the division of its profits or otherwise, shall be invalid as among the shareholders on the ground that it eliminates a board of directors, authorizes director proxies or weighted voting rights for directors, or is an attempt to restrict the discretion or powers of the board of directors in its management of the business of the corporation as if it were a partnership or to arrange the relationships of shareholders in a manner that would be appropriate only between partners.
(d)(c) The duration of any agreement permitted by subsection (a) or (c) of created under this Code section shall not exceed 20 years. Failure to state a period of duration or stating a period of duration in excess of 20 years shall not invalidate the agreement, but in either case the period of duration shall be 20 years. Any such agreement may be renewed for a period not in excess of 20 years from the date of renewal by agreement of all the shareholders bound thereby at the date of renewal.
(e)-A transferee of shares in a corporation whose shareholders have entered into an agreement authorized by subsection (a) or (c) of this Code section shall be bound by the agreement or any renewal of the agreement authorized by subsection (d) of this Code section if he takes the shares with notice thereof. A transferee shall be deemed to have notice of any agreement or any renewal if the existence thereof is noted on the face or back of the certificates representing his shares or upon the written statement required for shares without certificates by subsection (b) of Code Section 14-2-626.
(f)-The effect of any agreement authorized by subsection (c) of this Code section or any renewal thereof authorized by subsection (d) of this Code section shall be to relieve the board of directors and impose upon the shareholders assenting thereto the liability for managerial acts or omissions that is imposed on directors by law, to the extent that and so long as the discretion or powers of the board of directors, in its management of corporate affairs, are controlled by the agreement.
(g)-To amend an agreement authorized by subsection (c) of this Code section, all of the shareholders must approve the amendment in writing unless the agreement provides otherwise.
(h)-Subscribers for shares may act as shareholders with respect to an agreement authorized by this Code section if shares are not issued when the agreement is made."
SECTION 5.
Said chapter is further amended by inserting a new Code section to be designated Code Section 14-2-732 to read as follows:

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"14-2-732.
(a) An agreement among the shareholders of a corporation that complies with this Code section is effective among the shareholders and the corporation even though it is inconsistent with one or more other provisions of this Code in that it:
(1) Eliminates the board of directors or restricts the discretion or powers of the board of directors;
(2) Governs the authorization or making of distributions whether or not in proportion to ownership of shares, subject to the limitations of Code Section 14-2-640;
(3) Establishes the directors or officers of the corporation, or their terms of office or manner of selection or removal;
(4) Governs, in general or in regard to specific matters, the exercise or division of voting power by or between the shareholders and directors or by or among any of them, including use of weighted voting rights or director proxies;
(5) Establishes the terms and conditions of any agreement for the transfer or use of property or the provision of services between the corporation and any shareholder, director, officer, or employee of the corporation or among any of them;
(6) Transfers to one or more shareholders or other persons all or part of the authority to exercise the corporate powers or to manage the business and affairs of the corporation, including the resolution of any issue about which there exists a deadlock among directors or shareholders;
(7) Requires dissolution of the corporation at the request of one or more of the shareholders or upon the occurrence of a specified event or contingency; or
(8) Otherwise governs the exercise of the corporate powers or the management of the business and affairs of the corporation or the relationship among the shareholders, the directors, and the corporation, or among any of them, and is not contrary to public policy.
(b) An agreement authorized by this Code section shall be:
(1) Set forth:
(A) In the articles of incorporation or bylaws and approved by all persons who are shareholders at the time of the agreement; or
(B) In a written agreement that is signed by all persons who are shareholders at the time of the agreement and is made known to the corporation;
(2) Subject to amendment only by:
(A) An amendment to the articles of incorporation or bylaws approved by all persons who are shareholders at the time of the amendment; or
(B) An agreement in writing by all persons who are shareholders at the time of the amendment, unless the agreement provides that it may be amended by less than all the shareholders; and
(3) Valid for no more than 20 years. Failure to state a period of duration or stating a period of duration in excess of 20 years shall not invalidate the agreement, but in either case the period of duration shall be 20 years. Any such agreement may be renewed for a period not in excess of 20 years from the date of renewal by agreement of all the shareholders at the date of renewal.

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(c) The existence of an agreement authorized by this Code section shall be noted conspicuously on the front or back of each certificate for outstanding shares or on the information statement required by subsection (b) of Code Section 14-2-626. If at the time of the agreement the corporation has shares outstanding represented by certificates, the corporation shall recall the outstanding certificates and issue substitute certificates that comply with this subsection. The failure to note the existence of the agreement on the certificate or information statement shall not affect the validity of the agreement or any action taken pursuant to it. Any purchaser of shares who, at the time of purchase, did not have knowledge of the existence of the agreement shall be entitled to rescission of the purchase. A purchaser shall be deemed to have knowledge of the existence of the agreement if its existence is noted on the certificate or information statement for the shares in compliance with this subsection and, if the shares are not represented by a certificate, the information statement is delivered to the purchaser at or prior to the time of purchase of the shares. An action to enforce the right of rescission authorized by this subsection must be commenced within the earlier of 90 days after discovery of the existence of the agreement or two years after the time of purchase of the shares.
(d) An agreement authorized by this Code section shall cease to be effective when shares of the corporation are listed on a national securities exchange or regularly traded in a market maintained by securities dealers or brokers. If the agreement ceases to be effective for any reason, the board of directors may, if the agreement is contained or referred to in the corporation's articles of incorporation or bylaws, adopt an amendment to the articles of incorporation or bylaws, without shareholders action, to delete the agreement and any references to it.
(e) An agreement authorized by this Code section that limits the discretion or powers of the board of directors shall relieve the directors of, and impose upon the person or persons in whom such discretion or powers are vested, liability for acts or omissions imposed by law on directors to the extent that the discretion or powers of the directors are limited by the agreement.
(f) Except as provided in subsection (e) of this Code section, the existence or performance of an agreement authorized by this Code section shall not be a ground for imposing personal liability on any shareholder for the acts or debts of the corporation even if the agreement or its performance treats the corporation as if it were a partnership or results in failure to observe the corporate formalities otherwise applicable to the matters governed by the agreement.
(g) Incorporators or subscribers for shares may act as shareholders with respect to an agreement authorized by this Code section if no shares have been issued when the agreement is made."
SECTION 6.
Said chapter is further amended by striking in its entirety Code Section 14-2-801, relating to the requirement for and duties of a board of directors, and inserting in lieu thereof the following:
"14-2-801.
(a) Each corporation must have a board of directors, except as provided in Article 9 of this chapter or in a written agreement meeting the requirements of Code Section 14-2-731 14-2-732.
(b) All corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors, subject to any limitation set forth in the articles of incorporation, bylaws approved by the shareholders, or agreements in rights, options, or warrants permitted by paragraph (2) of subsection (d) of Code Section 14-2-624, or in an agreement among the shareholders which are otherwise lawful meeting the requirements of Code Section 14-2-732.
(c) No limitation upon the authority of the directors, whether contained in the articles of incorporation, bylaws, or an agreement among the shareholders meeting the requirements of Code Section 14-2-732 shall be effective against persons, other than shareholders and directors, who are without actual knowledge of the limitation."
SECTION 7.

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Said chapter is further amended in Code Section 14-2-825, relating to committees, by striking subsection (d) in its entirety and inserting in lieu thereof the following:
"(d) A committee may not, however:
(1) Approve or propose to shareholders action that this chapter requires to be approved by shareholders;
(2) Fill vacancies on the board of directors or on any of its committees;
(3) Amend articles of incorporation pursuant to Code Section 14-2-1002 except that a committee may, to the extent authorized in a resolution or resolutions adopted by the board of directors, amend the articles of incorporation to fix the designations, preferences, limitations, and relative rights of shares pursuant to Code Section 14-2-602 or to increase or decrease the number of shares contained in a series of shares established in accordance with Code Section 14-2-602 but not below the number of such shares then issued;.
(4) Adopt, amend, or repeal bylaws; or
(5) Approve a plan of merger not requiring shareholder approval."
SECTION 8.
Said chapter is further amended in Code Section 14-2-1004, relating to voting on amendments by voting groups, by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) The holders of the outstanding shares of a class are entitled to vote as a separate voting group (unless shareholder voting is not required by virtue of Code Section 14-2-1002) on a proposed amendment if the amendment would:
(1) Increase or decrease the aggregate number of authorized shares of the class; provided, however, that if the articles of incorporation specifically authorize the shares of any class to be increased or decreased without a shareholder vote of such class, under such circumstances, the authorized number, terms, conditions, designations, preferences, limitations, and relative rights of those shares may be fixed as provided in the articles of incorporation;
(2) Effect an exchange or reclassification of all or part of the shares of the class into shares of another class;
(3) Effect an exchange or reclassification, or create the right of exchange, of all or part of the shares of another class into shares of the class;
(4) Change the designation, rights, preferences, or limitations of all or part of the shares of the class;
(5) Change the shares of all or part of the class into a different number of shares of the same class;
(6) Create a new class of shares having rights or preferences with respect to distributions or to dissolution that are prior, superior, or substantially equal to the shares of the class;
(7) Increase the rights, preferences, or number of authorized shares of any class that, after giving effect to the amendment, have rights or preferences with respect to distributions or to dissolution that are prior, superior, or substantially equal to the shares of the class;
(8) Limit or deny an existing preemptive right of all or part of the shares of the class;
(9) Cancel or otherwise affect rights to distributions or dividends that have accumulated but not yet been declared on all or part of the shares of the class; or
(10) Cancel, redeem, or repurchase all or part of the shares of the class."

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SECTION 9.

Said chapter is further amended in Code Section 14-2-1020, relating to amendment by board of directors or shareholders, by striking subsections (c) and (d) in their entirety and inserting in lieu thereof the following:

"(c) A bylaw limiting the authority of the board of directors or establishing staggered terms for directors may only be adopted, amended, or repealed by the shareholders.

(d) A bylaw limiting the authority of the board of directors may only be adopted pursuant to an agreement meeting the requirements of Code Section 14-2-732.

(d)(e) Bylaws adopted by the incorporators or board of directors prior to the issuance of any of the corporation's shares may be amended by the incorporators or the board of directors prior to the issuance of any of the corporation's shares."

SECTION 10.

Except as otherwise provided in Section 3 of this Act, this Act shall become effective July 1, 2000.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown
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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

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SB 351.

By Senators Egan of the 40th and Scott of the 36th:
A bill to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for additional limitations on the use of multiyear lease, purchase, or lease purchase contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 351:
A BILL
To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that multiyear lease, purchase, or lease purchase contracts may be used to acquire real property only under certain circumstances; to provide for exceptions; to provide that existing contracts and renewals thereof shall be unaffected; 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.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by striking Code Section 36-60-13, relating to multiyear lease, purchase, or lease purchase contracts, and inserting in lieu thereof a new Code section to read as follows:
"36-60-13.
(a) Each county or municipality in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, and services , and supplies, provided that any such contract shall contain provisions for the following only under the following conditions:
(1)(A) The contract shall terminate absolutely and without further obligation on the part of the county or municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section;.
(2)(B) The contract may provide for automatic renewal unless positive action is taken by the county or municipality to terminate such contract, and the nature of such action shall be determined by the county or municipality and specified in the contract;.
(3)(C) The contract shall state the total obligation of the county or municipality for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and.
(4)(D) The contract shall provide that title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by the county or municipality.; and
(2) If the contract is for the acquisition of real property, it must be either: (A) the subject of a referendum which received the approval of a majority of the voters of the county or municipality voting on the issue, or (B) required to be financed pursuant to a federal or state court order or documented imminent threat thereof. This restriction shall not apply to a contract for a project the total cost of which project is $5 million or less and which project is for public safety, fire safety, police protection, the housing of inmates, 911 facilities, court services, or county or municipal administrative facilities. If a referendum is to be held, the election superintendent shall issue the call for an election for the purpose of submitting the question of the execution of the contract to the voters of the county or municipality. The election superintendent shall issue the call and shall conduct the election on a date and in the

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manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. The notice published by the election superintendent shall also include, in such form as may be specified by the county or municipal governing authority, the principal amount of the contract, the purpose for which the contract is to be executed, the rate of interest, and the amount of the contract price to be paid in each year during the life of the contract. Nothing contained in this paragraph shall be deemed to require an additional referendum when a project has already been approved in a SPLOST referendum within 12 months of the execution and delivery of a multiyear lease, purchase, or lease purchase contract pursuant to this Code section.
(b) In addition to the provisions conditions enumerated in subsection (a) of this Code section, any contract authorized by this Code section may include:
(1) A provision which requires that the contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the county or municipality under the contract; or
(2) Any other provision reasonably necessary to protect the interests of the county or municipality.
(c) Any contract developed under this Code section containing the provisions in compliance with the conditions enumerated in subsection (a) of this Code section shall be deemed to obligate the county or municipality only for those sums payable during the calendar year of execution or, in the event of a renewal by the county or municipality, for those sums payable in the individual calendar year renewal term.
(d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the county or municipality for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal.
(e) No contract developed and executed pursuant to this Code section may be delivered if the principal portion of such contract, when added to the amount of debt incurred by any county or municipality pursuant to Article IX, Section V, Paragraph I of the Constitution of Georgia, exceeds 10 percent of the assessed value of all taxable property within such county or municipality.
(f)-No contract developed and executed pursuant to this Code section may be delivered if the real or personal property being so financed has been the subject of a referendum which failed to receive the approval of the voters of the county or municipality within the immediately preceding four calendar years, unless such real or personal property is required to be financed pursuant to a federal or state court order, or imminent threat thereof, as certified by the governing authority of the county or municipality.
(g)-No contract developed and executed pursuant to this Code section with respect to the acquisition of real property may be delivered unless a public hearing has been held by the county or municipality after two weeks' notice published in a newspaper of general circulation within the county or municipality.
(h)(f) No contract developed and executed pursuant to this Code section with respect to real property may be delivered if the average annual payments on such contracts exceed 7.5 percent of the governmental fund revenues of the county or municipality for the calendar year preceding the delivery of such contract plus any available special county 1 percent sales and use tax proceeds collected pursuant to Code Section 48-8-111.
(i)(g) Any such contract may provide for the payment by the county or municipality of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section.
(j)(h) Nothing in this Code section shall restrict counties or municipalities from executing reasonable contracts arising out of their proprietary functions."
SECTION 2.

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This Act shall become effective July 1, 2000, and nothing contained in this Act shall invalidate or otherwise adversely affect any contract properly executed before that date or any renewal, refinancing, or restructuring of such contract.

SECTION 3.

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

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by 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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts N 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden N Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 53, nays 2.

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

Senator Ladd of the 41st introduced the doctor of the day, Dr. Ross Podell.

The Calendar was resumed.

SB 300. By Senator Broun of the 46th:

A bill to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define certain terms; to provide that a qualified charitable gift annuity issued by a charitable organization operated under the University System of Georgia shall not constitute engaging in the business of insurance; to provide for certain notices; to provide for the effects of failure to provide such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Insurance and Labor Committee offered the following substitute to SB 300:

A BILL

To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define certain terms; to provide that a qualified charitable gift annuity issued by a charitable organization shall not

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constitute engaging in the business of insurance; to provide for certain disclosures and notices; to provide for the effects of failure to provide such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by inserting at the end thereof the following:
"CHAPTER 58
33-58-1.
As used in this chapter, the term:
(1) 'Charitable gift annuity' means a transfer of cash or other property by a donor to a charitable organization in return for an annuity payable over one or two lives, under which the actuarial value of the annuity is less than the value of the cash or other property transferred and the difference in value constitutes a charitable deduction for federal tax purposes.
(2) 'Charitable organization' means an entity described by:
(A) Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); or
(B) Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. Section 170(c)).
(3) 'Qualified charitable gift annuity' means a charitable gift annuity described in Section 501(m)(5), Internal Revenue Code of 1986 (26 U.S.C. Section 501(m)(5)), and Section 514(c)(5), Internal Revenue Code of 1986 (26 U.S.C. Section 514(c)(5)), that is issued by a charitable organization that on the date of the annuity agreement:
(A) Has a minimum of $300,000.00 in unrestricted cash, cash equivalents, or publicly traded securities, exclusive of the assets funding the annuity agreement; and
(B) Has been in continuous operation for at least three years or is a successor or affiliate of a charitable organization that has been in continuous operation for at least three years.
33-58-2.
(a) The issuance of a qualified charitable gift annuity does not constitute engaging in the business of insurance in this state.
(b) A charitable gift annuity issued before July 1, 2000, is a qualified charitable gift annuity for purposes of this chapter, and the issuance of that charitable gift annuity does not constitute engaging in the business of insurance in this state.
33-58-3.
(a) When entering into an agreement for a qualified charitable gift annuity, the charitable organization shall disclose to the donor in writing in the annuity agreement that a qualified charitable gift annuity is not insurance under the laws of this state and is not subject to regulation by the Insurance Commissioner or protected by an insurance guaranty association.
(b) The notice provisions required by this Code section must be in a separate paragraph in a print size no smaller than that employed in the annuity agreement generally.

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33-58-4.

(a) A charitable organization that issues qualified charitable gift annuities shall notify the Commissioner in writing by the later of October 1, 2000, or the date on which it enters into the organization's first qualified charitable gift annuity agreement. The notice shall:

(1) Be signed by an officer or director of the organization;

(2) Identify the organization; and

(3) Certify that:

(A) The organization is a charitable organization; and

(B) The annuities issued by the organization are qualified charitable gift annuities.

(b) The charitable organization shall not be required to submit additional information except to determine appropriate penalties that may be applicable under Code Section 33-58-5.

33-58-5.

The failure of a charitable organization to comply with the notice requirements imposed under Code Section 33-58-3 or Code Section 33-58-4 does not prevent a charitable gift annuity that otherwise meets the requirements of this chapter from constituting a qualified charitable gift annuity. The Commissioner may enforce performance of the requirements of Code Section 33-58-3 or Code Section 33-58-4 by sending a letter by certified mail, return receipt requested, demanding that the charitable organization comply with the requirements of such Code sections. The Commissioner may fine the charitable organization in an amount not to exceed $1,000.00 per qualified charitable gift annuity agreement issued until such time as the charitable organization complies with such Code sections.

33-58-6.

The issuance of a qualified charitable gift annuity does not constitute a violation of Article 15 of Chapter 1 of Title 10."

SECTION 2.

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

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by 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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley

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

Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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.

SR 403. By Senator Hooks of the 14th:

A resolution designating the Jonathan Jackson McCants Bridge; and for other purposes.

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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the adoption of the resolution, the yeas were 54, nays 0.

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

SB 359. By Senators James of the 35th, Brown of the 26th, Scott of the 36th and Butler of the 55th:

A bill to be entitled an Act to amend Code Section 40-6-91 of the Official Code of Georgia Annotated, relating to the right of way in crosswalks, so as to require the driver of a vehicle to stop and remain stopped to allow a pedestrian to cross the roadway within a painted crosswalk when the pedestrian has stepped onto the roadway on either side of the roadway; to repeal conflicting laws; and for other purposes.

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

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399

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

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

SR 516. By Senators Dean of the 31st, Starr of the 44th and Johnson of the 1st:

A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities and pipelines in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Decatur, Chatham, Troup, Dougherty, Floyd, Carroll, Spalding, Coweta, Heard, and Pike counties, Georgia; to repeal conflicting laws; and for other purposes.

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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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On the adoption of the resolution, the yeas were 50, nays 0.

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

HB 455. By Representatives Smith of the 169th, Coleman of the 142nd, Benefield of the 96th and others:

A bill to amend Code Section 28-10-1 of the Official Code of Georgia Annotated, relating to creation and membership of the Georgia Rail Passenger Authority Overview Committee, so as to change certain provisions relating to number of members and appointment thereof; and for other purposes.

Senate Sponsor: Senator Streat of the 19th.

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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed. HB 265. By Representatives Watson of the 70th, Davis of the 60th, Walker of the 141st and others:

A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that any person who commits the offense of simple assault, simple battery, or battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature; and for other purposes.

Senate Sponsor: Senator Egan of the 40th.

The Senate Special Judiciary Committee offered the following substitute to HB 265:

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401

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 assault and battery, so as to provide that any person who commits the offense of simple battery or battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature; to define a certain term; to provide for editorial changes; to provide for related matters; to provide for an effective date and 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 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, is amended by striking in their entirety Code Sections 16-5-23 and 16-5-23.1, relating to simple battery and battery, respectively, and inserting in lieu thereof the following:
"16-5-23.
(a) A person commits the offense of simple battery when he or she either:
(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
(2) Intentionally causes physical harm to another.
(b) Except as otherwise provided in subsections (c) through (g) (h) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor.
(c) Any person who commits the offense of simple battery against a person who is 65 years of age or older or against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(d) Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.
(e) Any person who commits the offense of simple battery against a police officer, law enforcement dog, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(f) If the offense of simple battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis.
(g) A person who is an employee, agent, or volunteer at any facility licensed or required 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 licensed 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 admitted to or receiving services from such facility, person, or entity shall be punished for a misdemeanor of a high and aggravated nature.
(h) Any person who commits the offense of simple battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a

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high and aggravated nature. For the purposes of this Code section, the term 'sports official' means any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary or secondary school, or recreational level.
16-5-23.1.
(a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
(b) As used in this Code section, the term 'visible bodily harm' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
(c) Except as provided in subsections (d) through (k) (l) 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, foster 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 punished 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 station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.
(h) Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

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403

(i) Any person who commits the offense of battery against a teacher or other school personnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both.

(j) Except as otherwise provided in subsection (e) and paragraph (2) of subsection (f) of this Code section, any person who commits the offense of battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

(k) A person who is an employee, agent, or volunteer at any facility licensed or required 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 licensed 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.

(l) Any person who commits the offense of battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, the term 'sports official' means any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary or secondary school, or recreational level."
SECTION 2.

This Act shall become effective on July 1, 2000, and shall apply to offenses committed on or after July 1, 2000.

SECTION 3.

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

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

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 Y Brown Y Brush Y Burton N 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 51, nays 1.

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The bill, having received the requisite constitutional majority, was passed by substitute.
SR 388. By Senators Crotts of the 17th and Guhl of the 45th:
A resolution honoring Bernie Bourdon and designating the Bernie Bourdon Memorial Bridge; and for other purposes.
The Senate Transportation Committee offered the following substitute to SR 388:
A RESOLUTION
Honoring Bernie Bourdon and designating the Bernie Bourdon Memorial Bridge; and for other purposes.
WHEREAS, Bernie Bourdon put his faith to work on behalf of those in need: the poor, the sick, the illiterate, the disabled, and the dying; and
WHEREAS, he began Servants of the Lord - Meals on Wheels with $10.00 and served more than 90,000 meals to people who couldn't leave their homes in Rockdale County and Newton County on Saturdays and holidays for the past 13 years; and
WHEREAS, his exemplary leadership skills and tireless dedication were evident in his daily service as director of Tech Able, adapting toys and computers for physically challenged people; as a mentor for young people who attended Edwards Middle School; as a board member of Rockdale Reads Literacy program; as the treasurer of Healing Hands; as chaplain for Rockdale Hospital and Shepard's Gate Hospice; as an instrumental figure in developing the Wayne Kerr Health Clinic; and as an energetic and active member of St. James Catholic Church, the Knights of Columbus, and the Conyers Kiwanis Club; and
WHEREAS, he spent much of November and December each year as Santa Claus, delighting in sharing the hopes and dreams of the children sitting on his lap, especially the children of the Downs Syndrome Association of Atlanta, whom he knew by name; and
WHEREAS, his generous heart and genuine love for humanity were recognized by many awards, including the Salvation Army Award, the Kiwanis Vision Award, the JC Penney Golden Rule Award, the Kleenex God Bless You Award, 11 Alive Community Service Award, the Governor's Award, and the Jefferson Award from the American Institute for Public Service; and
WHEREAS, he will be sorely missed, although he left his community a legacy of love.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body honor the compassion and love of Bernie Bourdon and his distinguished record of public service.
BE IT FURTHER RESOLVED that the bridge now known as the Parker Road Bridge, which crosses I-20 between the West Avenue exit and the State Highway 138 exit is designated as the "Bernie Bourdon Memorial Bridge."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the bridge.
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 adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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405

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 11:50 a.m.

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Senate Chamber, Atlanta, Georgia Tuesday, February 15, 2000 Nineteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1399.

By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk, executive secretary, and administrative specialist.

HB 1162.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 19992000.

HB 1151.

By Representatives Powell of the 23rd, Walker of the 141st, Stancil of the 16th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to provide that application materials submitted to the Georgia Real Estate Appraisers Board shall be confidential; to provide for the public availability of certain information regarding real estate appraisers that is maintained by such board; to authorize such board to require certain applicants and real estate appraisers to submit fingerprints to the board.

HB 1133.

By Representatives Ehrhart of the 36th, Stuckey of the 67th, Wiles of the 34th and others:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to change certain provisions relating to custody of children.

HB 935.

By Representatives Pelote of the 149th, Bordeaux of the 151st, Brooks of the 54th and others:
A bill to amend Code Section 4-8-25 of the Official Code of Georgia Annotated, relating to requirements for possessing a dangerous dog, so as to increase the amount of liability insurance required to be carried by owners of dangerous dogs.

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407

HB 865.

By Representatives Mueller of the 152nd, Stephens of the 150th, Day of the 153rd and others:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to change certain provisions relating to when a case may be made and conviction had with respect to the use of speed detection devices; to provide for the use of speed detection devices in historic districts.

HB 613.

By Representatives Jenkins of the 110th, Porter of the 143rd and Holland of the 157th:
A bill 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 provide that under certain conditions the Georgia Crime Information Center is authorized to disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences to private persons, businesses, public agencies, and political subdivisions upon request without fingerprint comparison or consent of the person who records are requested.

HB 1229.

By Representatives Coleman of the 142nd, Dixon of the 168th, Twiggs of the 8th and others:
A bill to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide for enforcement of such provisions by special agents or enforcement officers of the state revenue commissioner.

HB 1217.

By Representatives Buck of the 135th, Royal of the 164th, Heard of the 89th and others:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property and residential transitional property, so as to change the provisions relating to qualification of property as bona fide conservation use property; to change the provisions relative to the ownership of such property and the gross income derived by a family owned farm entity.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 13.

By Representatives Pinholster of the 15th, Stancil of the 16th and Powell of the 23rd:

A resolution creating the Georgia DUI Study Commission.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 450. By Senators Hill of the 4th, Hecht of the 34th, Lee of the 29th and Tanksley of the 32nd:

A bill to be entitled an Act to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as provides that it shall be unlawful to possess such firearm or knife while committing or attempting to commit any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance, marijuana, counterfeit substance, or noncontrolled substance; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

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SB 451. By Senators Jackson of the 50th, Williams of the 6th and Golden of the 8th:
A bill to be entitled an Act to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common carriers, so as to provide that motor common carrier insurers shall file a proof of insurance with the Public Service Commission; to conform Georgia law with current Public Service Commission procedure; to make editorial changes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 452. By Senator Streat of the 19th:
A bill to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; to thereby change conditions of eligibility for HOPE scholarships and grants; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 453. By Senator Smith of the 25th:
A bill to be entitled an Act to provide a homestead exemption from Morgan County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over after a five-year phase-in period; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 454. By Senator Smith of the 25th:
A bill to be entitled an Act to provide a homestead exemption from Morgan County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 455. By Senator Smith of the 25th:
A bill to be entitled an Act to provide a homestead exemption from Morgan County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over after a five-year phase-in period; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.

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409

SB 456. By Senator Smith of the 25th:
A bill to be entitled an Act to provide a homestead exemption from Morgan County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 457. By Senators Tate of the 38th, Thomas of the 10th, Polak of the 42nd and others:
A bill to be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to provide that the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists shall be composed of the Panel of Social Workers, the Panel of Professional Counselors, and the Panel of Marriage and Family Therapists; to provide that each of said panels shall provide for all matters relating to licensure in its respective specialty; to change provisions relating to the powers and duties of the board; to provide for the powers and duties of the panels; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
SR 556. By Senators Walker of the 22nd, Hill of the 4th, Kemp of the 3rd and Stokes of the 43rd:
A resolution creating the Joint Hospital Indigent Care Funding Study Committee; and for other purposes.
Referred to the Committee on Health and Human Services.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 613. By Representatives Jenkins of the 110th, Porter of the 143rd and Holland of the 157th:
A bill 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 provide that under certain conditions the Georgia Crime Information Center is authorized to disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences to private persons, businesses, public agencies, and political subdivisions upon request without fingerprint comparison or consent of the person who records are requested; and for other purposes.
Referred to the Committee on Public Safety.
HB 865. By Representatives Mueller of the 152nd, Stephens of the 150th, Day of the 153rd and others:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to change certain provisions relating to when a case may be made and conviction had with respect to the use of speed detection devices; to provide for the use of speed detection devices in historic districts; and for other purposes.
Referred to the Committee on Public Safety.

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HB 935. By Representatives Pelote of the 149th, Bordeaux of the 151st, Brooks of the 54th and others:
A bill to amend Code Section 4-8-25 of the Official Code of Georgia Annotated, relating to requirements for possessing a dangerous dog, so as to increase the amount of liability insurance required to be carried by owners of dangerous dogs; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
HB 1133. By Representatives Ehrhart of the 36th, Stuckey of the 67th, Wiles of the 34th and Richardson of the 26th:
A bill to be entitled an Act to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to change certain provisions relating to custody of children; to change certain provisions relating to discretion of court in custody disputes; to provide for reports of the Judiciary Committees of the Senate and House of Representatives in 2002 regarding the effects of this Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1151. By Representatives Powell of the 23rd, Walker of the 141st, Stancil of the 16th and others:
A bill to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to provide that application materials submitted to the Georgia Real Estate Appraisers Board shall be confidential; to provide for the public availability of certain information regarding real estate appraisers that is maintained by such board; to authorize such board to require certain applicants and real estate appraisers to submit fingerprints to the board; to authorize such board to obtain records of criminal convictions regarding applicants and appraisers from the Georgia Crime Information Center and the Federal Bureau of Investigation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
HB 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 19992000; and for other purposes.
Referred to the Committee on Appropriations.
HB 1217. By Representatives Buck of the 135th, Royal of the 164th, Heard of the 89th and Jamieson of the 22nd:
A bill to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property and residential transitional property, so as to change the provisions relating to qualification of property as bona fide conservation use property; to change the provisions relative to the ownership of such property and the gross income derived by a family owned farm entity; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1229. By Representatives Coleman of the 142nd, Dixon of the 168th, Twiggs of the 8th and Epps of the 131st:

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411

A bill to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide for enforcement of such provisions by special agents or enforcement officers of the state revenue commissioner; to provide for powers, duties, and authority of the state revenue commissioner and such special agents or enforcement officers in connection therewith; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Veterans and Consumer Affairs. HB 1399. By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th and others:

A bill to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3942), and an Act approved April 2, 1998 (Ga. L. 1998, p. 4077), so as to change the compensation of the chief clerk, executive secretary, and administrative specialist; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HR 13. By Representatives Pinholster of the 15th, Stancil of the 16th and Powell of the 23rd:

A resolution creating the Georgia DUI Study Commission; and for other purposes. Referred to the Committee on Judiciary.

HR 1029. By Representatives Birdsong of the 123rd, Murphy of the 18th, Roberts of the 162nd and others:

A resolution commending all Vietnam Era/Vietnam Veterans and their families; to recognize May 5-7, 2000, as the 25th Observance of the ending of the Vietnam War; and for other purposes.

Referred to the Committee on Veterans and Consumer Affairs.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 239. Do not pass. SB 440. Do pass.

Respectfully submitted, Senator Stokes of the 43rd District, Chairman

Mr. President:

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

SB 364. Do pass by substitute. HB 39. Do pass by substitute. SB 387. Do pass as amended. HB 823. Do pass by substitute.

Respectfully submitted,

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Senator Kemp of the 3rd District, Chairman

Mr. President:

The Committee on Public Safety 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 525. Do pass.

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

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

SB 392. Do pass. SB 436. Do pass. HB 1262. Do pass as amended. HB 1264. Do pass by substitute. HB 1258. Do pass.

Respectfully submitted, Senator Egan of the 40th District, Chairman

The following bills and resolution were read the second time:

SB 290 SB 350 SB 375 SB 430 SR 480 HB 468

HB 840 HB 1132 HB 1138 HB 1139 HB 1140

The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Broun Brown Brush Burton Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden

Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Ladd Lamutt Land Lee Madden Marable Meyer v Bremen Perdue

Those not answering were:

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

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413

Butler Kemp Tate Thomas, R. Walker
The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:
Senators: Butler of the 55th Tate of the 38th
The members pledged allegiance to the flag. Prayer was offered by Reverend Gene Yelverton, pastor of First United Methodist Church, Cairo, Georgia.
Senator Thomas of the 54th introduced the doctor of the day, Dr. John Antalis.
The following resolutions were read and adopted: SR 554. By Senator Bowen of the 13th:
A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Mr. Farrow Baker, Mr. Randy Yawn, Mr. H. H. Dimery, and Mr. Rooney Bowen III; and for other purposes. SR 555. By Senator Bowen of the 13th:
A resolution recognizing and commending Miss Katrina Papel, 2000 Georgia Watermelon Queen; and for other purposes.
SR 557. By Senators Starr ofthe 44th and Hecht of the 34th:
Recognizing the Beaux-Arts Barbeque Beach Party; and for other purposes. SR 558. By Senators Tate of the 38th and Stokes of the 43rd:
A resolution commending the Empire Board of Realtists, Inc.; and for other purposes.
SR 559. By Senator Crotts of the 17th: A resolution commending and congratulating William (Billy) Newton McCulley; and for other purposes.
SR 560. By Senator Crotts of the 17th:
A resolution commending and congratulating Ms. Debbie Steiner; and for other purposes.
SR 561. By Senator Crotts of the 17th: A resolution commending Lt. Colonel Francis (Frank) B. Williams III; and for other purposes.
Senator Smith of the 25th introduced Mr. Oscar Davis, Sr., commended by SR 458, adopted previously.

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Senator Perdue of the 18th recognized members of the Georgia Tech Undergraduate Student Government Association, commended by SR 550, adopted previously.
SENATE RULES CALENDAR
Tuesday, February 15, 2000 NINETEENTH LEGISLATIVE DAY
SR 416 Fulton-DeKalb Hospital Authority Overview Committee-create (Substitute) (Ethics-36th)
SB 399 Greenspace Commission-create (Nat R-33rd)
SR 504 Baldwin, Barrow, Other Counties-utility easements (F&PU-54th)
SB 393 Natural Resources-volunteers to promote hunter, boating safety (Nat R-20th)
HB 1123 Forest resources; prescribed burning; provisions (Nat R-20th) Lane-146th
HB 634 Dental Hygienists; qualifications for licensure (H Ed-36th) Stanley-50th
SR 514 Jefferson County-property conveyance (F&PU-23rd)
SR 491 General Assembly's Commission on Juvenile Gangs-create (Judy-44th)
Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SR 416. By Senators Scott of the 36th, Thomas of the 10th, Egan of the 40th and others:
A resolution to create the Fulton-DeKalb Hospital Authority Overview Committee; and for other purposes.
The Senate Ethics Committee offered the following substitute to SR 416:
A RESOLUTION
To create the Fulton-DeKalb Hospital Authority Overview Committee; and for other purposes.
WHEREAS, the provision of public health services is a vital concern to the citizens of this state, including the citizens of Fulton County and DeKalb County; and
WHEREAS, the Fulton-DeKalb Hospital Authority was created to promote the public health goals and to meet the public health needs of those two counties; and
WHEREAS, the Fulton-DeKalb Hospital Authority is a creature of the General Assembly, having been authorized by general law for the purpose of providing a mechanism for the operation and maintenance of needed health care facilities in Fulton County and DeKalb County; and
WHEREAS, the General Assembly finds, as a result of interim study and evaluation, that it is incumbent upon the members of this body to periodically review the efficiency and effectiveness with which the Fulton-DeKalb Hospital Authority is meeting its legislatively created purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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415

SECTION 1.
There is created the Fulton-DeKalb Hospital Authority Overview Committee to be composed of the following nine members: three members of the House of Representatives appointed by the Speaker of the House, at least one of whom shall be from the area served by the authority; three members of the Senate, to be appointed by the President thereof, at least one of whom shall be from the area served by the authority; and three members of the General Assembly appointed by the Governor, at least one of whom shall be from the area served by the authority. The appointed members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations, budget contracts, safety, financing, organization, and structure of the Fulton-DeKalb Hospital Authority, as well as periodically review and evaluate the success with which said authority is accomplishing its legislatively created purposes.
SECTION 2.
The state auditor and the Attorney General shall make available to the committee the services of their staffs' facilities in order to assist the committee in its discharge of its duties herein set forth. Upon authorization by joint resolution of the General Assembly, the committee shall have the power while the General Assembly is in session or during the interim between sessions to request the attendance of witnesses and the production of documents in aid of its duties.
SECTION 3.
The Fulton-DeKalb Hospital Authority shall cooperate with the committee, its authorized personnel, the Attorney General, and the state auditor in order that the charges of the committee, set forth in this resolution, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately inform itself of the activities of the authority required by this resolution. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems to be in the public interest, submit to the General Assembly a report of its findings and recommendations based upon the review of the operations of the Fulton-DeKalb Hospital Authority, as set forth in this resolution.
SECTION 4.
In the discharge of its duties, the committee shall evaluate the performance of the authority in providing public health care services consistent with the following criteria:
(1) Delivery of services;
(2) Prudent, legal, and accountable expenditure of public funds;
(3) Responsiveness to community needs and community desires; and
(4) Efficient operation.
SECTION 5.
(a) The committee is authorized to expend state funds available to the committee for the discharge of its duties.

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(b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.

(c) The funds necessary for the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of government.

On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

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

Y Balfour Blitch
Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the adoption of the resolution, the yeas were 54, nays 0.

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

Senator Williams of the 6th moved that Senator Blitch of the 7th be excused. On the motion, the yeas were 35, nays 1; the motion prevailed, and Senator Blitch was excused.

The Calendar was resumed.

SB 399. By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd and others:

A bill to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for state and local government activities with respect to preservation of greenspace; to state legislative intent; to define terms; to create the Georgia Greenspace Commission and provide for its membership, powers and duties, and operations; to create the Georgia Greenspace Trust Fund and provide for appropriations and other additions to said fund, as well as grants and other disbursements from said fund; to provide for eligibility for and award and disbursement of grants to counties; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214

Tuesday, February 15, 2000

417

Atlanta, Georgia 30334-8400

February 8, 2000

The Honorable Hugh Gillis, Chairman Senate Natural Resources Committee State Capitol, Room 420-A Atlanta, Georgia 30334

SUBJECT:

Fiscal Note Senate Bill 399 (LC 7420EC)

Dear Chairman Gillis:

This bill would create the Georgia Greenspace Commission. The purpose of this commission would be to preserve greenspace in the counties of Georgia. The bill defines how grants would be distributed to the counties for this purpose. The bill also authorizes the Department of Natural Resources to expend certain matching amounts for certain greenspace acquisitions.

The fiscal impact of this bill to the State would be approximately $125,000 annually plus any moneys appropriated for greenspace purchases.

This bill attaches the Georgia Greenspace Commission to the Department of Natural Resources for administrative purposes. The Department of Natural Resources would provide staff support to the commission. The commission would be responsible for reviewing each county'[s request for greenspace program grants, for using promotional techniques to raise additional funds, and for auditing Community Greenspace Trust Funds. The department estimates it would cost approximately $125,000 per year to perform these responsibilities.

The bill states that counties must either have a population of at least 60,000 or must have experienced average population growth of at least 800 people per year to be eligible to receive grants from the Greenspace Commission. Currently 40 counties meet this requirement. The bill also describes the method of distributing moneys to the eligible counties. Each eligible county would be required to submit a greenspace program to the Department of Natural Resources for its approval. Greenspace programs approved by DNR would outline how the county would preserve a minimum of 20 percent of the geographic area of the county as permanently protected greenspace. An approved program would also show how the county would allocate funds to any municipalities electing to participate in a cooperative greenspace program with the county.

The bill authorizes the Department of Natural Resources to match expenses paid from a city or county's Community Greenspace Trust Fund to purchase property adjacent to certain rivers. This money would come from funds appropriated to or otherwise available to the department.

It should be noted that this bill would permit the Georgia Greenspace Trust Fund to distribute any funds it receives other than appropriations by the General Assembly to any city or county.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Bill Tomlinson, Director Office of Planning and Budget

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:

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Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt
Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 53, nays 0.

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

SR 504. By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th:

A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities, together with the rights of ingress and egress, and drainage, in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Barrow, Chatham, Crisp, Douglas, Harris, Houston, Richmond, and Ware counties, Georgia; to repeal conflicting laws; and for other purposes.

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
Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt
Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

Tuesday, February 15, 2000

419

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

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

SB 393. By Senators Gillis of the 20th, Broun of the 46th and Crotts of the 17th:

A bill to be entitled an Act to amend Code Section 12-2-6 of the O.C.G.A., relating to the authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, volunteer services, cooperation with other government entities and civic organizations, and related matters, so as to authorize the commissioner of natural resources to accept volunteer services from individuals for the promotion of boating safety and hunter and boating safety programs; to authorize the Department of Natural Resources to participate with private groups to advertise and promote any activities related to the objectives, powers, duties, and responsibilities of the department that make efficient use of funds appropriated for advertising; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt
Land Y Lee
Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate
Thomas,D Y Thomas,N Y Thomas,R 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 1123. By Representatives Lane of the 146th, Floyd of the 138th, Royal of the 164th and Hudson of the 156th:

A bill to be entitled an Act to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to provide for a statement of legislative purpose; to provide that it is the intent of the General Assembly to fund certain activities; to provide that it shall not be necessary to obtain a permit to burn leaf piles; to provide that local governments may not prohibit certain types of burning; to change a certain definition; to specify certain duties of the State Forestry Commission; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Gillis of the 20th.

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

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

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

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

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
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 634. By Representatives Stanley of the 50th, West of the 101st, Cummings of the 27th and others:

A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to change the provisions regarding qualifications for licenses; and for other purposes.

Senate Sponsor: Senator Scott of the 36th.

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

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

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

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

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

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421

Y Gingrey Y Golden Y Guhl

Y Perdue Y Polak

Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

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

SR 514.

By Senator Cheeks of the 23rd:
A resolution authorizing the conveyance of certain state owned real property located in Jefferson County, Georgia; to repeal conflicting laws; and for other purposes.

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 Y Brown
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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

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

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1215.

By Representatives Channell of the 111th, Walker of the 141st, Coleman of the 142nd and others:

A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the assignment of certain corporate income tax credits; to provide for assignment between additional types of affiliated entities.

The Calendar was resumed.

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SR 491. By Senators Starr of the 44th, Walker of the 22nd and Meyer von Bremen of the 12th:

A resolution creating the General Assembly's Commission on Juvenile Gangs; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

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

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

On the adoption of the resolution, the yeas were 54, nays 0.

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

Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 12:12 p.m.

Wednesday, February 16, 2000

423

Senate Chamber, Atlanta, Georgia Wednesday, February 16, 2000 Twentieth 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 the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1395.

By Representatives Ray of the 128th and James of the 140th:
A bill to amend an Act providing a new charter for the City of Fort Valley, so as to change the corporate limits of the City of Fort Valley by annexing certain territory into the city.

HB 1407.

By Representatives Wiles of the 34th, Sauder of the 29th, Ehrhart of the 36th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors.

HB 1410.

By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to amend an Act providing for the Magistrate Court of Laurens County, so as to change the provisions relating to the term of a magistrate.

HB 1420.

By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

HB 1240. HB 1246.

By Representatives Campbell of the 42nd and Massey of the 86th:
A bill to amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to provide that sodomy with a person who is less than ten years of age shall constitute the offense of aggravated sodomy.
By Representatives Davis of the 132nd, Buck of the 135th, Royal of the 164th and others:
A bill to amend Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, so as to provide for nonapplicability to certain contracts of certain provisions providing for nonapplicability of certain exemptions from local taxes.

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HB 1234.

By Representatives Stephens of the 150th, Childers of the 13th, West of the 101st and others:
A bill to amend Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, so as to change the provisions relating to applicability.

HB 1247.

By Representatives Jennings of the 63rd, Davis of the 60th, Smith of the 103rd and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to provide an ad valorem tax exemption with respect to property of Elks Lodges.

HB 1290.

By Representatives Wix of the 33rd, Hudson of the 156th, Skipper of the 137th and others:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, so as to provide a short title; to define certain terms; to provide procedures for the protection of utility facilities from damage from excavating and blasting; to provide for the duties of persons engaged in excavating or blasting.

HB 1383.

By Representative Williams of the 114th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to redefine the term "malt beverage"; to provide for legislative findings and declaration; to provide for the amount of excise tax to be levied on strong malt beverages.

HB 1251.

By Representatives Powell of the 23rd, Hudson of the 156th, Martin of the 145th and others:
A bill to amend Code Section 43-51-3 of the Official Code of Georgia Annotated, relating to the creation and membership of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, so as to change the composition of said board and provide for an advisory council to said board.

HB 1372.

By Representatives Martin of the 47th, Stanley of the 50th, Stanley of the 49th and others:
A bill to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, so as to incorporate into said Act certain provisions regarding additional penalties and bail and bond amounts to be imposed for certain jail purposes.

HB 1300.

By Representatives Stokes of the 92nd and Martin of the 47th:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to change the provisions relating to the confidentiality of raw research data.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

Wednesday, February 16, 2000

425

HR 884.

By Representative Martin of the 145th:
A resolution designating a portion of State Highway 17 as the "Robert C. Jones Memorial Highway".

HR 851.

By Representatives Orrock of the 56th, Sinkfield of the 57th and Trense of the 44th:

A resolution listing the goals and outcome measures for state policy on childhood care and education and urging state agencies to comply.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 458. By Senators Starr of the 44th and Hecht of the 34th:

A bill to amend Article 8 of Chapter 6 of Title 40 of the O.C.G.A., relating to rules of the road applicable to operation of school buses, so as to provide that it shall be unlawful to operate any school bus which is transporting children unless the driver is equipped with certain communications equipment; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 459. By Senators Starr of the 44th, Walker of the 22nd, Johnson of the 1st and Thompson of the 33rd:

A bill to be entitled an Act to amend Code Section 21-5-71 of the Official Code of Georgia Annotated, relating to registration of and reporting by lobbyists, so as to provide for fees to be charged and collected for registration of lobbyists; to eliminate fees for lobbyist identification cards; to provide for late fees for filing of untimely reports; to authorize changes in such fees under certain circumstances by rule or regulation of the State Ethics Commission; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ethics.

SB 460. By Senators Madden of the 47th, Gillis of the 20th, Lamutt of the 21st and Golden of the 8th:

A bill to be entitled an Act to amend Code Section 3-5-32 of the Official Code of Georgia Annotated, relating to conflicts of interest in brewer-wholesaler relations, so as to provide that a brewer may financially assist a wholesaler through participation in a limited partnership in which the brewer is the limited partner and the wholesaler is the general partner; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Veterans and Consumer Affairs.

SB 461. By Senators Tanksley of the 32nd, Hecht of the 34th and Crotts of the 17th:

A bill to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to prohibit the sale or distribution of any tobacco product through a vending machine; to provide for legislative findings and purposes; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; to provide for a compensation account; to provide for compensation payments and destruction expense payments to eligible vending machine applicants; to provide for settlement, waiver, and dismissal of certain claims; to provide for criminal penalties; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Veterans and Consumer Affairs.

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SB 462. By Senators Hecht of the 34th and Starr of the 44th:
A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered without prior approval; to provide for duties of the Secretary of State regarding applications for registration; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SR 569. By Senators Starr of the 44th, Walker of the 22nd and Dean of the 31st:
A resolution creating the Senate Boat and Motor Title and Ad Valorem Taxation Study Committee; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SR 570. By Senators Starr of the 44th and Walker of the 22nd:
A resolution requesting the Attorney General to provide legal representation in connection with a certain matter; and for other purposes.
Referred to the Committee on Judiciary.
SR 571. By Senator Smith of the 25th:
A resolution encouraging and promoting efforts to educate citizens and health care practitioners regarding ovarian cancer detection and prevention, the risk factors involved in its development, and the early warning symptoms and signs; and for other purposes.
Referred to the Committee on Health and Human Services.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1215. By Representatives Channell of the 111th, Walker of the 141st, Coleman of the 142nd and others:
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, and computation of income taxes, so as to change certain provisions regarding the assignment of certain corporate income tax credits; to provide for assignment between additional types of affiliated entities; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1234. By Representatives Stephens of the 150th, Childers of the 13th, West of the 101st and others:
A bill to be entitled an Act to amend Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, so as to change the provisions relating to applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.

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427

HB 1240. By Representatives Campbell of the 42nd and Massey of the 86th:
A bill to be entitled an Act to amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to provide that sodomy with a person who is less than ten years of age shall constitute the offense of aggravated sodomy; to change the penalty; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1246. By Representatives Davis of the 132nd, Buck of the 135th, Royal of the 164th and others:
A bill to be entitled an Act to amend Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, so as to provide for nonapplicability to certain contracts of certain provisions providing for nonapplicability of certain exemptions from local taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1247. By Representatives Jennings of the 63rd, Davis of the 60th, Smith of the 103rd and others:
A bill to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to provide an ad valorem tax exemption with respect to property of Elks Lodges; to provide for conditions and limitations; to provide for applicability; to provide for effective dates; to provide for a special election; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1251. By Representatives Powell of the 23rd, Hudson of the 156th, Martin of the 145th and McCall of the 90th:
A bill to be entitled an Act to amend Code Section 43-51-3 of the Official Code of Georgia Annotated, relating to the creation and membership of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, so as to change the composition of said board and provide for an advisory council to said board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1290. By Representatives Wix of the 33rd, Hudson of the 156th, Skipper of the 137th and others:
A bill to be entitled an Act to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, so as to provide a short title; to define certain terms; to provide procedures for the protection of utility facilities from damage from excavating and blasting; to provide for the duties of persons engaged in excavating or blasting; to provide procedures for notifying facility owners and operators of proposed excavating or blasting in the vicinity of utility facilities; to provide for the operation of the utilities protection center; to provide for the membership of the utilities protection center; to provide for the duties of utility owners or operators receiving notice of excavating or blasting; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.

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JOURNAL OF THE SENATE

HB 1300. By Representatives Stokes of the 92nd and Martin of the 47th:
A bill to be entitled an Act to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to change the provisions relating to the confidentiality of raw research data; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1372. By Representatives Martin of the 47th, Stanley of the 50th, Stanley of the 49th and others:
A bill to be entitled an Act to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended by an Act approved April 2, 1998 (Ga. L. 1998, p. 559) and an Act approved April 28, 1999 (Ga. L. 1999, p. 830), so as to incorporate into said Act certain provisions regarding additional penalties and bail and bond amounts to be imposed for certain jail purposes which provisions were enacted previously by an Act approved April 1, 1996 (Ga. L. 1996, p. 392); to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
HB 1383. By Representative Williams of the 114th:
A bill to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to redefine the term "malt beverage"; to provide for legislative findings and declaration; to provide for the amount of excise tax to be levied on strong malt beverages; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1395. By Representatives Ray of the 128th and James of the 140th:
A bill to be entitled an Act to amend an Act providing a new charter for the City of Fort Valley, approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, so as to change the corporate limits of the City of Fort Valley by annexing certain territory into the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1407. By Representatives Wiles of the 34th, Sauder of the 29th, Ehrhart of the 36th and others:
A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 1, 1999 (Ga. L. 1999, p. 3624), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4241), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1410. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to be entitled an Act to amend an Act providing for the Magistrate Court of Laurens County, approved March 21, 1984 (Ga. L. 1984, p. 4638), as amended by an Act approved September 21, 1995 (Ga. L. Ex. Sess. 1995, p. 318), so as to change the provisions relating to the term of a magistrate; to

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provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Co mmittee on State and Local Governmental Operations.

HB 1420. By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th and others:

A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4177), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HR 851. By Representatives Orrock of the 56th, Sinkfield of the 57th and Trense of the 44th:

A resolution listing the goals and outcome measures for state policy on childhood care and education and urging state agencies to comply; and for other purposes.

Referred to the Committee on Health and Human Services.

HR 884. By Representative Martin of the 145th:
A resolution designating a portion of State Highway 17 as the "Robert C. Jones Memorial Highway"; and for other purposes.

Referred to the Committee on Transportation.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 416. Do pass as amended. SB 417. Do pass. SB 446. Do pass.

Respectfully submitted, Senator Hecht of the 34th District, Chairman

Mr. President:

The Committee on Defense, Science and Technology has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

HB 326. Do pass.

Respectfully submitted, Senator Polak of the 42nd District, Chairman

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Mr. President:

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

SB 398. Do pass. SB 400. Do pass. SB 435. Do pass. SR 490. Do pass. HB 1149. Do pass.

Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President:

The Committee on Retirement 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 421. Do pass. HB 393. Do pass. HB 999. Do pass. HB 1089. Do pass.

Respectfully submitted, Senator Huggins of the 53rd 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 352. Do pass. SB 183. Do pass as amended. SB 437. Do pass. SB 442. Do pass. HB 1288. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

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

SR 472. Do pass by substitute. SR 483. Do pass. SR 484. Do pass. HB 1192. Do pass by substitute. HR 792. Do pass.

Respectfully submitted, Senator Streat of the 19th District, Chairman

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The following bills and resolution were read the second time:

SB 364 SB 387 SB 392 SB 436 SB 440

SR 525 HB 1258 HB 1262 HB 1264

The roll was called and the following Senators answered to their names:

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

Guhl Harbison Hill Hooks Huggins Jackson James Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer v Bremen Perdue Polak

Those not answering were:
Hecht Williams

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

The following member was off the floor of the Senate when the roll was called and wishes to be recorded as present: Senator Williams of the 6th The members pledged allegiance to the flag. Prayer was offered by Reverend Jimmy B. Lewis, pastor of First Baptist Church, Morrow, Georgia. The following resolutions were read and adopted: SR 563. By Senator Dean of the 31st:
A resolution commending Kappa Sigma Fraternity on its 600th anniversary; and for other purposes. SR 564. By Senator Smith of the 25th:
A resolution recognizing and commending the City of Monticello upon its designation as a "City of Excellence"; and for other purposes.

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SR 565. By Senators Polak of the 42nd, Stokes of the 43rd, Thomas of the 10th and others: A resolution congratulating Danielle Sered on being named a Rhodes Scholar; and for other purposes.
SR 566. By Senator Streat of the 19th: A resolution honoring Bill Paul on the occasion of his 100th birthday; and for other purposes.
SR 567. By Senator Jackson of the 50th: A resolution commending John L. and Sarah H. Nix; and for other purposes.
SR 568. By Senators Johnson of the 1st and Thomas of the 2nd: A resolution recognizing Ms. Jessica Nickerson; and for other purposes.
The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR

Wednesday, February 16, 2000 Twentieth Legislative Day

(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 437

Burton of the 5th Balfour of the 9th Ladd of the 41st Ray of the 48th Price of the 56th GWINNETT COUNTY

A bill to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4160), so as to clarify a provision relating to the compensation of judges of such court; to provide that such judges shall continue to receive ordinary and routine benefits for employees of the county; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 442

Burton of the 5th Balfour of the 9th Ladd of the 41st Ray of the 48th Price of the 56th GWINNETT COUNTY
A bill to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4708), so as to provide for an additional judge for the State Court of Gwinnett County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 1288

Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Gingrey of the 37th Tate of the 38th COBB COUNTY

A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4679), so as to add an additional judge to the second division of the State Court of Cobb County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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 Y Brown 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
Huggins Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

Senator James of the 35th introduced representatives of Morris Brown College, commended by SR 471, adopted previously.

SENATE RULES CALENDAR

Wednesday, February 16, 2000 TWENTIETH LEGISLATIVE DAY

SB 315 Terrell Peterson Act-child protective custody (Substitute) (Judy-10th)

SB 430 Board of Registration for Professional Engineers, Land Surveyors-members (F&PU-22nd)

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HR 816 Gray's Reef; public access; urge plan to continue (Nat R-6th) Scarlett-174th SB 290 Mentoring Act of 2000-enact (Ed-34th) HB 1235 Commission on Men's Health; create (H&HS-43rd) Childers-13th HB 1153 Roads named by General Assembly or Department of Transportation; official list
(Trans-19th) Rice-79th HB 467 Unfair business practices; promotional offers; prohibit certain fees (V&CA-15th)
Howard-118th SR 480 Childhood Care/Education-goals, outcome measures for state policy (Ed-4th) HB 840 Georgia Military College; funding through Technical and Adult Education (HEd-4th)
Royal-164th HB 1138 Dead animal disposal; additional methods (Ag-50th) Reaves-178th HB 206 Licensed practical nurses; display designation on identification (H&HS-43rd) Childers-13th SB 375 Food Sales/Service Establishments-definitions, inspections (Substitute) (Ag-11th)

Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 315. By Senators Thomas of the 10th, Scott of the 36th, Fort of the 39th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a physician may retain temporary protective custody of a child without a court order and without parental consent if the child's life or health is in imminent danger; to provide a short title; to provide for procedures; to provide for immunity from liability; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 315:
A BILL
To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a physician may retain temporary protective custody of a child without a court order and without parental consent if the physician has reasonable cause to believe the child's life or health is in imminent danger; to provide a short title; to provide for procedures; to provide for authority and duties of the Department of Human Resources; to provide for immunity from liability; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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435

This Act shall be known and may be cited as the "Terrell Peterson Act."
SECTION 2.
Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by inserting immediately following Code Section 15-11-17.1 a new Code Section 15-11-17.2 to read as follows:
"15-11-17.2.
(a) Notwithstanding Code Section 15-11-17 or any other provision of law, a physician, licensed to practice medicine in the State of Georgia in accordance with Article 2 of Chapter 34 of Title 43, who is treating a child may take or retain temporary protective custody of the child, without a court order and without the consent of a parent, guardian, or custodian, provided that:
(1) The physician has reasonable cause to believe that the child is in a circumstance or condition that presents an imminent danger to the child's life or health as a result of suspected abuse or neglect; and
(2) There is not sufficient time for a court order to be obtained under this article for temporary custody of the child before the child may be removed from the presence of the physician.
(b) A physician detaining a child in temporary custody shall:
(1) Make reasonable and diligent efforts to inform the parents, guardian, or custodian of the child of the whereabouts of the child;
(2) As soon as possible, make a report of the suspected abuse or neglect which caused him or her to take temporary custody of the child, as required by subsection (e) of Code Section 19-7-5, and inform the child welfare agency designated by the Department of Human Resources to which such report is made that the child has been detained in temporary custody as provided in this Code section; and
(3) Not later than 24 hours after the child is detained in temporary custody:
(A) Contact a juvenile court intake officer as provided in paragraph (2) of subsection (a) of Code Section 15-11-19, and inform such intake officer that the child is in imminent danger to his or her life or health as a result of suspected abuse or neglect; or
(B) Contact a law enforcement officer who shall take the child into custody and promptly bring the child before a juvenile court intake officer as provided in Code Sections 15-11-19 and 15-11-21.
(c) A child who meets the requirements for inpatient admission shall be retained in the hospital or institution until such time as the child is medically ready for discharge. Upon notification by the hospital or institution to the department that a child who is not eligible for inpatient admission or who is medically ready for discharge has been taken into custody by a physician in accordance with subsection (b) of this Code section, provided that the child has been placed in the custody of the Department of Human Resources, the department shall take physical custody of the child within six hours of being notified.
(d) If the intake officer determines that the child is to be detained, in accordance with Code Sections 15-11-18 and 15-11-20 and subsection (a) of Code Section 15-11-21 and the court orders that the child be detained in the legal custody of the Department of Human Resources, acting by and through any of the county departments of family and children services, then:
(1) If the child remains in the physical care of the physician, the department shall take physical possession of the child within six hours of being notified by the physician, unless the child meets the criteria for admission to a hospital, or other medical institution or facility where he or she has been detained in the temporary custody by a physician; or

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(2) If the child has been brought before the juvenile court by a law enforcement officer, the department shall promptly take physical possession of the child.

(e) If the child is not released, then the court shall notify the child's parents, guardian, or other custodian, the physician, and the Department of Human Resources of the detention hearing which is to be held within 72 hours as provided in subsection (c) of Code Section 15-11-21.

(f) If the intake officer determines that the child should not be detained, the child shall be released pursuant to the provisions set forth in Code Section 15-11-21.

(g) If after the detention hearing the child is not released, the physician shall file the petition required by subsection (e) of Code Section 15-11-21 in accordance with this article, provided that such physician continues to believe that the child's life or health is in danger as a result of suspected abuse or neglect.

(h) Any hospital or physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Code section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking any, or failing to take any action, pursuant to this Code section. This Code section shall not be construed as imposing any additional duty not already otherwise imposed by law."
SECTION 3.

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

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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 Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen
Perdue Y Polak

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

On the passage of the bill, the yeas were 51, nays 0.

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

The following communication was received by the Secretary:

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437

Secretary of the Senate:

I was late on the vote on SB 315 and would like to be recorded as a vote of Yea.

/s/ Casey Cagle 49th District

SB 430. By Senators Walker of the 22nd and Dean of the 31st:

A bill to be entitled an Act to amend Code Section 43-15-3 of the Official Code of Georgia Annotated, relating to the creation of the State Board of Registration for Professional Engineers and Land Surveyors, so as to change the number of members of said board; to repeal conflicting laws; and for other purposes.

Senator Walker of the 22nd offered the following amendment:

Amend SB 430 by striking the word eight on line 17 and inserting the word seven.

By striking the word two on line 18 and inserting the word three. On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden
Marable Y Meyer v Bremen
Perdue Y Polak

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

Senator Stephens of the 51st introduced the doctor of the day, Dr. Ed Miron.

The Calendar was resumed.

HR 816. By Representatives Scarlett of the 174th, Hanner of the 159th, Lane of the 146th and others:

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A resolution urging the National Oceanic and Atmospheric Administration to adopt a new management plan which keeps Gray's Reef open for public fishing and enjoyment; and for other purposes.

Senate Sponsor: Senator Williams of the 6th.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

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

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

On the adoption of the resolution, the yeas were 48, nays 0.

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

SB 290.

By Senators Hecht of the 34th, Thompson of the 33rd, Starr of the 44th and others:
A bill to be entitled an Act to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, so as to enact the "Georgia Mentoring Act of 2000"; to make legislative findings; to authorize the office of the Governor to develop and implement a state-wide strategy to provide academic support and guidance to students through mentors; to authorize the office of the Governor to award grants to local school systems to administer academic volunteer and mentor service programs; to provide for the use of such funds; to provide for the contents of applications for such grants; to provide for awards for outstanding academic mentors; to provide for reports to the General Assembly; to repeal conflicting laws; and for other purposes.

Senators Scott of the 36th and Hecht of the 34th offered the following amendment:

Amend SB 290 by striking line 26 of page 3 and inserting in lieu thereof the following:

"systems which receive grants shall contract with nonprofit organizations that are". On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

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

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

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439

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

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

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

On the passage of the bill, the yeas were 45, nays 10.

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

Senator Guhl of the 45th moved that Senator Polak of the 42nd be excused. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Polak was excused.

The following resolution was read and put upon its adoption:

SR 562. By Senators Walker of the 22nd, Starr of the 44th and Hooks of the 14th:

A RESOLUTION Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Thursday, February 17, 2000, and shall reconvene on Monday, February 21, 2000, and that as authorized by Code Section 28-1-2, the hour for convening the Senate on such Monday may be as ordered by the Senate; and the hour for convening the House on such Monday may be as ordered by the House.

BE IT FURTHER RESOLVED that for the remainder of the 2000 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and reconvene on the following Monday, and that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate and the hour for convening the House on each such Monday may be as ordered by the House.

On the adoption of the resolution, the yeas were 42, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

The Calendar was resumed. HB 1235. By Representatives Childers of the 13th, McClinton of the 68th, Epps of the 131st and others:

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A bill to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create the Commission on Men's Health and provide for its assignment for administrative purposes and for its staff; to provide for findings; to provide for appointment, qualifications, terms, compensation, expenses, vacancies, and removal of commission members; to provide for commission organization, powers, and duties; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Stokes of the 43rd .

Senator Stokes of the 43rd offered the following amendment:

Amend HB 1235 by adding immediately after "Senate" on line 24 of page 3 the following:

", one of whom shall be the chairperson of the Senate Health and Human Services Committee or his or her designee".

By adding immediately after "House" on line 26 of page 3 the following:

", one of whom shall be the chairperson of the House Committee on Health and Ecology or his or her designee".

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

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

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

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

On the adoption of the amendment, the yeas were 37, nays 16, and the amendment was adopted.

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

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

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson

N Price,R N Price,T Y Ragan N Ray Y Scott Y Smith

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441

N Burton Y Butler Y Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y James N Johnson,E Y Kemp N Ladd N Lamutt N Land N Lee Y Madden Y Marable Y Meyer v Bremen N Perdue E Polak

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

On the passage of the bill, the yeas were 35, nays 18.

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

Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 12:02 p.m.

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Senate Chamber, Atlanta, Georgia Thursday, February 17, 2000 Twenty-first Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1082.

By Representative Greene of the 158th: A bill to provide for the Magistrate Court of Stewart County.

HB 1429.

By Representatives Sauder of the 29th, Manning of the 32nd, Grindley of the 35th and others: A bill to create the Smyrna Revitalization Authority.

HB 1435.

By Representative Smith of the 91st:
A bill to provide that the judge of the Probate Court of Oconee County shall no longer serve as chief magistrate of the Magistrate Court of Oconee County; to provide for the appointment of a new chief magistrate.

HB 1442.

By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A bill to amend an Act providing a new charter for the City of Stockbridge, so as to change the terms of office of the governing authority thereof.

HB 1443.

By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A bill to amend an Act providing a new charter for the City of Locust Grove, so as to change the terms of office, time of election, and organizational meeting of the members of the governing authority of that city.

HB 1444.

By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A bill to amend an Act creating a new charter for the City of Locust Grove, so as to change the provisions relating to powers and duties of the mayor and compensation relating thereto; to change the provisions relating to a full-time administrator and city manager.

Thursday, February 17, 2000

443

HB 1445.

By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change the provisions relating to powers of the authority.

HB 1446.

By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A bill to amend an Act providing a new charter for the City of Hampton, so as to change the terms of office, time of election, and organizational meeting of the members of the governing authority of that city.

HB 1415. HB 1362.

By Representatives Millar of the 59th, Watson of the 70th, Maddox of the 72nd and others:
A bill to amend an Act providing for a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phasein period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00, so as to eliminate the income limitation; to authorize senior citizens who are 65 years of age or older to qualify for such exemption.
By Representatives Royal of the 164th, Hanner of the 159th, McCall of the 90th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to enact the "Flint River Drought Protection Act"; to define certain terms; to provide that the Board of Natural Resources shall establish a drought protection program for the Flint River basin; to provide that the board may contract with the Georgia Environmental Facilities Authority; to amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Environmental Facilities Authority, so as to provide that such authority may contract with the Board of Natural Resources for certain matters.

HB 1277. HB 1320. HB 1323.

By Representatives Floyd of the 138th and Hudson of the 156th:
A bill to amend Chapter 19 of Title 2 of the Official Code of Georgia Annotated, relating to Georgia Cotton Producers Indemnity Fund of 1999, so as to change the provisions relating to payment of funds from the Georgia Cotton Producers Indemnity Fund of 1999; to provide for a definition; to provide for payment of claims for certain additional losses.
By Representatives Jackson of the 112th, DeLoach of the 119th, Grindley of the 35th and others:
A bill to amend Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to noncommercial fishing, so as to change the provisions relating to fishing with bow and arrow; to authorize the taking of channel catfish and flathead catfish anywhere in the Savannah River, including its tributaries and impoundments within the Savannah River Basin, by means of bow and arrow under certain conditions.
By Representatives Hugley of the 133rd, Hudson of the 156th, Murphy of the 18th and others:
A bill to amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the profession of athlete agents, so as to provide for additional grounds for refusing to register or for disciplining an athlete agent, including prohibited contacts with an athlete, accepting as a client an athlete referred by an employee of an institution of higher education in exchange for consideration, offering anything of value to induce an athlete to enter into an agent contract, or postdating an agent contract.

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HB 1364.

By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles generally, so as to provide for perfection by delivery of notice.

HB 1286.

By Representatives Martin of the 145th, Parham of the 122nd, Parrish of the 144th and others:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive acts or practices in consumer transactions declared unlawful, so as to prohibit certain acts or practices concerning noninsurance discount cards for health care related goods or services.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 840.

By Representatives Twiggs of the 8th and Coan of the 82nd: A resolution designating a portion of State Highway 246 as the Larry McClure Scenic Highway.

HR 882.

By Representatives Jackson of the 112th, Harbin of the 113th, Bailey of the 93rd and others: A resolution designating the B. Edward Tankersley Memorial Bridge.

HR 897.

By Representatives Scarlett of the 174th and Tillman of the 173rd:
A resolution designating a portion of state route 25 in the City of Brunswick as the "Paul Warwick, Jr., Memorial Highway".

HR 928.

By Representatives Bulloch of the 180th and Sholar of the 179th:
A resolution honoring the life of Marguerite Neel Williams and designating the Marguerite Neel Williams Memorial Highway.

HR 881.

By Representatives Whitaker of the 7th and Poag of the 6th: A resolution designating the Brett C. Dickey Bridge.

HR 878.

By Representative Rogers of the 20th: A resolution authorizing the conveyance of certain state owned real property located in Hall County.

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

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SR 562.

By Senators Walker of the 22nd, Starr of the 44th and Hooks of the 14th: A resolution relative to adjournment.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 150.

By Representatives Westmoreland of the 104th, Jones of the 71st, Trense of the 44th and others:
A bill to amend Part 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to require counties and municipalities to notify permit holders of the existence of local amendments to state minimum standard codes at the time building permits are issued.

HB 151.

By Representatives Westmoreland of the 104th, Jones of the 71st, Brown of the 130th and others:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, so as to provide that registered professional engineers may conduct inspections to determine code compliance.

HB 734.

By Representatives Childers of the 13th and Parsons of the 40th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to abolish the office of the joint-secretary of the state examining boards and provide for actions taken prior to such abolition.

HB 265.

By Representatives Watson of the 70th, Davis of the 60th, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that any person who commits the offense of simple assault, simple battery, or battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

HB 110.

By Representatives Mosley of the 171st, Scarlett of the 174th and Byrd of the 170th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys.

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 30.

By Senators James of the 35th and Butler of the 55th:

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A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.

The Speaker has appointed on the part of the House, Representatives Jackson of the 148th, Powell of the 23rd and Holmes of the 53rd.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 463. By Senator Price of the 56th:
A bill to be entitled an Act to amend Code Section 45-24-3 of the Official Code of Georgia Annotated, relating to the State Personnel Oversight Commission, so as to change the membership of such commission; to provide for terms of office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
SB 464. By Senators Stokes of the 43rd, Thompson of the 33rd and Tanksley of the 32nd:
A bill to be entitled an Act to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit certain discrimination against victims of family violence; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
SB 465. By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, and Polak of the 42nd:
A bill to be entitled an Act to amend Code Section 28-3-24.1 of the O.C.G.A., relating to the public distribution of legislative information in electronic format, so as to establish the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 40-5-2 of the O.C.G.A., relating to the keeping of records of applications for licenses and information on licensees, so as to refer to the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 47-2-320 of the O.C.G.A., relating to membership in the retirement system of officers and employees of the GeorgiaNet Authority, so as to refer to the Georgia Technology Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense, Science and Technology.
SB 466. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to change the penalty provisions applicable to the offense of furnishing a pistol or revolver to a person under the age of 18 years; to change the penalty provisions applicable to the offense of unlawful possession of firearms or weapons; to change the penalty provisions applicable to second or subsequent offenses of carrying a concealed weapon; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 467. By Senators Land of the 16th, Stephens of the 51st, Guhl of the 45th and others:

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447

A bill to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to prohibit members of the General Assembly and public officers elected state wide from accepting any gratuitous transfer from a registered lobbyist or a person, organization, or entity represented by a registered lobbyist during a legislative session; to provide a definition; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
SB 468. By Senators Johnson of the 1st and Thomas of the 2nd:
A bill to be entitled an Act to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and the inspection of solid waste generators, so as to provide that a vertical expansion shall be permitted under certain circumstances when the owner of a facility has a modification plan involving the removal of waste to a conforming facility; to provide for a corrective plan in the event of nonconformance; to provide for a closure plan; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
SB 469. By Senator Madden of the 47th:
A bill to be entitled an Act to amend the "Jackson County Water and Sewerage Authority Act," approved March 28, 1986 (Ga. L. 1986, p. 5473), as amended, so as to eliminate certain term limits for members of the authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SB 470. By Senators Golden of the 8th and Madden of the 47th:
A bill to be entitled an Act to amend Code Section 33-9-40.2 of the Official Code of Georgia Annotated, relating to a workers' compensation insurance premium discount for an insured with a drug-free workplace program, so as to require compliance with the provisions of Code Section 34-9-413; to amend Article 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drugfree workplace programs, so as to provide definitions; to provide for an insurance premium discount for an employer work organization under certain conditions; to change provisions relating to the elements of a drug-free workplace program; to change provisions relating to the conducting of testing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1082. By Representative Greene of the 158th:
A bill to provide for the Magistrate Court of Stewart County; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1277. By Representatives Floyd of the 138th and Hudson of the 156th:
A bill to be entitled an Act to amend Chapter 19 of Title 2 of the Official Code of Georgia Annotated, relating to Georgia Cotton Producers Indemnity Fund of 1999, so as to change the provisions relating to payment of funds from the Georgia Cotton Producers Indemnity Fund of 1999; to provide for a definition; to provide for payment of claims for certain additional losses; to provide for practices,

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procedures, qualifications, and requirements; to provide for and to change certain time limits; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture.
HB 1286. By Representatives Martin of the 145th, Parham of the 122nd, Parrish of the 144th and others:
A bill to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive acts or practices in consumer transactions declared unlawful, so as to prohibit certain acts or practices concerning noninsurance discount cards for health care related goods or services; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
HB 1320. By Representatives Jackson of the 112th, DeLoach of the 119th, Grindley of the 35th and others:
A bill to be entitled an Act to amend Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to noncommercial fishing, so as to change the provisions relating to fishing with bow and arrow; to authorize the taking of channel catfish and flathead catfish anywhere in the Savannah River, including its tributaries and impoundments within the Savannah River Basin, by means of bow and arrow under certain conditions; to specify such conditions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1323. By Representatives Hugley of the 133rd, Hudson of the 156th, Murphy of the 18th and others:
A bill to be entitled an Act to amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the profession of athlete agents, so as to provide for additional grounds for refusing to register or for disciplining an athlete agent, including prohibited contacts with an athlete, accepting as a client an athlete referred by an employee of an institution of higher education in exchange for consideration, offering anything of value to induce an athlete to enter into an agent contract, or postdating an agent contract; to change the provisions relating to criminal penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1362. By Representatives Royal of the 164th, Hanner of the 159th, McCall of the 90th and others:
A bill to be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to enact the "Flint River Drought Protection Act"; to define certain terms; to provide that the Board of Natural Resources shall establish a drought protection program for the Flint River basin; to provide that the board may contract with the Georgia Environmental Facilities Authority; to amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Environmental Facilities Authority, so as to provide that such authority may contract with the Board of Natural Resources for certain matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1364. By Representatives Powell of the 23rd and Parham of the 122nd:

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449

A bill to be entitled an Act to amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles generally, so as to provide for perfection by delivery of notice; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.

HB 1415. By Representatives Millar of the 59th, Watson of the 70th, Maddox of the 72nd and others:
A bill to be entitled an Act to amend an Act providing for a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a fiveyear phase-in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00, approved May 4, 1992 (Ga. L. 1992, p. 6845), so as to eliminate the income limitation; to authorize senior citizens who are 65 years of age or older to qualify for such exemption; to specify the terms, conditions, and procedures relative to the exemptions; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1429. By Representatives Sauder of the 29th, Manning of the 32nd, Grindley of the 35th and others:
A bill to be entitled an Act to create the Smyrna Revitalization Authority; to provide for the duties, membership, appointment of members, qualifications, terms of office, rules of operation, officers, compensation, and staff and professional services for such authority; to provide that the authority is not authorized to issue bonds or levy taxes, fees, or assessments; to authorize acceptance and use of gifts, donations, or grants; to provide for annual recommendations; to repeal conflicting laws, and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1435. By Representative Smith of the 91st:
A bill to be entitled an Act to provide that the judge of the Probate Court of Oconee County shall no longer serve as chief magistrate of the Magistrate Court of Oconee County; to provide for the appointment of a new chief magistrate; to provide for the terms, filling of vacancies, and compensation of the chief magistrate; to provide for the appointment of other magistrates; to provide for the appointment of other court personnel and constables; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1442. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A bill to be entitled an Act to amend an Act providing a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), so as to change the terms of office of the governing authority thereof; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1443. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A bill to be entitled an Act to amend an Act providing a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, particularly by an Act approved February

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27, 1996 (Ga. L. 1996, p. 3503), so as to change the terms of office, time of election, and organizational meeting of the members of the governing authority of that city; to delete certain prohibitions regarding running for other offices; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

HB 1444. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, particularly by an Act approved February 26, 1996 (Ga. L. 1996, p. 3503), so as to change the provisions relating to powers and duties of the mayor and compensation relating thereto; to change the provisions relating to a full-time administrator and city manager; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1445. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A bill to be entitled an Act to amend an Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, so as to change the provisions relating to powers of the authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1446. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A bill to be entitled an Act to amend an Act providing a new charter for the City of Hampton, approved April 17, 1975 (Ga. L. 1975, p. 4092), as amended, so as to change the terms of office, time of election, and organizational meeting of the members of the governing authority of that city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HR 840. By Representative Twiggs of the 8th:
A resolution designating a portion of State Highway 246 as the Larry McClure Scenic Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 878. By Representative Rogers of the 20th:
A resolution authorizing the conveyance of certain state owned real property located in Hall County, Georgia; to repeal provisions of a certain Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HR 881. By Representatives Whitaker of the 7th and Poag of the 6th:
A resolution designating the Brett C. Dickey Bridge; and for other purposes.
Referred to the Committee on Transportation.

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451

HR 882.

By Representatives Jackson of the 112th, Harbin of the 113th, Bailey of the 93rd and Williams of the 114th:

A resolution designating the B. Edward Tankersley Memorial Bridge; and for other purposes.

Referred to the Committee on Transportation.

HR 897. By Representatives Scarlett of the 174th and Tillman of the 173rd:

A resolution designating a portion of state route 25 in the City of Brunswick as the "Paul Warwick, Jr., Memorial Highway"; and for other purposes.

Referred to the Committee on Transportation.

HR 928. By Representatives Bulloch of the 180th and Sholar of the 179th:

A resolution honoring the life of Marguerite Neel Williams and designating the Marguerite Neel Williams Memorial Highway; and for other purposes

Referred to the Committee on Transportation.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 372. Do pass by substitute. SB 459. Do pass.

Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Judiciary 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 570. Do pass.

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

Mr. President:

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

SB 121. Do pass by substitute. HB 1182. Do pass by substitute.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

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Mr. President:

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

SB 368. Do pass by substitute. SB 424. Do pass. HB 340. Do pass. HB 509. Do pass by substitute. HB 1181. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1399. Do pass. HB 745. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 183 SB 352 SB 398 SB 400 SB 416 SB 417 SB 421 SB 435 SB 446 SR 472

SR 483 SR 484 SR 490 HB 326 HB 393 HB 999 HB 1089 HB 1149 HB 1192 HR 792

Senator Crotts of the 17th moved that Senator Hill of the 4th be excused. On the motion, the yeas were 54, nays 0; the motion prevailed, and Senator Hill was excused.

The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Broun Brown Brush Burton Butler Cable Cagle Cheeks Crotts

Guhl Harbison Hecht Hooks Huggins Jackson James Johnson,E Kemp Ladd Lamutt Land

Price,R Price,T Ragan Ray Scott Smith Starr Stephens Stokes Streat Tanksley Tate

Thursday, February 17, 2000

453

Dean Egan Fort Gillis Gingrey Golden

Lee Madden Marable Meyer v Bremen Perdue Polak

Thomas,D Thomas,N Thomas,R Thompson Walker Williams

Those not answering were: Hill (excused) The members pledged allegiance to the flag. Prayer was offered by Bishop George Lee of Augusta, Georgia . Senator Stephens of the 51st introduced the doctor of the day, Dr. Ramon Parrish. The following resolutions were read and adopted: SR 572. By Senator Egan of the 40th:
A resolution recognizing and commending Lyndsey Miller as a Georgia Youth Volunteer; and for other purposes. SR 573. By Senator Broun of the 46th: A resolution expressing condolences upon the passing of Mr. Wesley E. Whitehead; and for other purposes. SR 574. By Senator Broun of the 46th: A resolution commending the Oconee County High School athletic program, marching band, students, and faculty; and for other purposes. SR 575. By Senator Broun of the 46th: A resolution commending the Knights of Columbus Fourth Degree and declaring February 22, 2000, as Knights of Columbus Fourth Degree Day; and for other purposes SR 576. By Senator Brush of the 24th: A resolution commending Dr. Elizabeth Truelove; and for other purposes. SR 577. By Senator Golden of the 8th: A resolution commending the Valwood School football team; and for other purposes. Senator Scott of the 36th introduced Dwayne Vaughn, commended by SR 544, adopted previously.
The following local, uncontested bills, favorably reported by the committee, as listed on the Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR

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Thursday, February 17, 2000 Twenty-First Legislative Day
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1399

Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Gingrey of the 37th Tate of the 38th COBB COUNTY
A bill to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3942), and an Act approved April 2, 1998 (Ga. L. 1998, p. 4077), so as to change the compensation of the chief clerk, executive secretary, and administrative specialist; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 745

Perdue of the 18th Cable of the 27th Brown of the 26th BIBB COUNTY

A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Bibb County; and for other purposes.
The following objection was filed with the Secretary:

As provided in Senate Rule 113, we, the undersigned Senators, hereby file an objection to HB 745 which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar.

/s/ Robert Brown, 26th District /s/ Nadine Thomas, 10th District /s/ Ed Harbison, 15th District

February 17, 2000

Pursuant to Senate Rule 113, HB 745 was placed on the Senate Local Contested Calendar for today.

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

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

Y Balfour Y Blitch
Bowen Y Broun Y Brown Y Brush

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith

Thursday, February 17, 2000

455

Y Burton Y Butler
Cable Y Cagle N Cheeks
Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue
Polak

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

On the passage of the local bill, the yeas were 48, nays 2.

The bill on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

The following local bill, favorably reported by the committee, as listed on the Local Contested Calendar, was put upon its passage:

SENATE LOCAL CONTESTED CALENDAR

Thursday, February 17, 2000 Twenty-First Legislative Day

(The names listed with the bill are the Senators whose districts are affected by the legislation.)

HB 745

Perdue of the 18th Cable of the 27th Brown of the 26th BIBB COUNTY

A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Bibb County; and for other purposes.

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

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

Y Balfour N Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks
Crotts N Dean Y Egan N Fort N Gillis

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

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

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Y Gingrey N Golden
Guhl

Y Perdue Y Polak

N Walker Y Williams

On the passage of the local bill, the yeas were 22, nays 30.

The bill on the Local Contested Calendar, having failed to receive the requisite constitutional majority, was lost.

Senator Ladd of the 41st gave notice that at the proper time he would move that the Senate reconsider its action in defeating HB 745.

SENATE RULES CALENDAR

Thursday, February 17, 2000 TWENTY-FIRST LEGISLATIVE DAY

SB 392 Explosive Materials-listing (S Judy-44th)

SB 440 Medical Center Authority Act-provide (H&HS-22nd)

HB 1171 HB 1132

Butts, Lamar, and Monroe Counties; superior court terms (S Judy-27th) Smith-109th Grade A Pasteurized Milk Ordinance; change certain date (Ag-51st) Reaves-178th

HB 1139 Milk; brands or trademarks; allow certain possession of receptacles (Ag-25th) Reaves-178th

HB 1140 Georgia Dairy Act of 1980; certain violations; monetary penalties (Ag-6th) Reaves-178th

HB 206 Licensed practical nurses; display designation on identification (H&HS-43rd) Childers-13th

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

SB 392. By Senators Starr of the 44th and Hecht of the 34th:

A bill to be entitled an Act to amend Code Section 16-7-81 of the Official Code of Georgia Annotated, relating to explosive materials, so as to provide for additions to the list of explosive materials; to repeal conflicting laws; and for other purposes.

Senator Starr of the 44th offered the following amendment:

Amend SB 392 by striking on page 1, line 12, the word "guncotten" and inserting in lieu thereof the word "guncotton"

On the adoption of the amendment, the yeas were 37, 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 Harbison

Y Price,R

Thursday, February 17, 2000

457

Y Blitch Y Bowen Y Broun Y Brown
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 Hecht Hill
Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 51, nays 0.

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

SB 440. By Senators Walker of the 22nd and Cheeks of the 23rd:

A bill to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Medical Center Authority; to provide for a short title and definitions; to confer powers and impose duties on the authority; to provide for the membership and the appointment and confirmation of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, removal, organization, meetings, and expenses; to provide for corporate purpose; to prohibit authority employees and members from having certain interests and engaging in certain conduct and provide for certain disclosures, sanctions, and penalties; to provide for venue and jurisdiction; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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 Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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Y Guhl

On the passage of the bill, the yeas were 53, nays 0.

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

The following communication was received by the Secretary:

To: Secretary of the Senate February 17, 2000

I did not vote but do support SB 440.

Sincerely, /s/ Susan W. Cable Senate District 27

HB 1171. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Butts County, the Superior Court of Lamar County, and the Superior Court of Monroe County; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Cable of the 27th.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

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

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

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed. HB 1132. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:

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459

A bill to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to change references to the "Grade A Pasteurized Milk Ordinance"; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Stephens of the 51st.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 53, nays 0.

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

HB 1139. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:

A bill to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to change the provisions relating to unlawful acts and the use or possession of certain cans, bottles, and other receptacles; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Smith of the 25th.

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 Y Brown Y Brush Y Burton

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James

Y Price,R Y Price,T
Ragan Y Ray Y Scott Y Smith Y Starr

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Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

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

Y Stephens Stokes
Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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 1140. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to be entitled an Act to amend Code Section 2-2-10 of the Official Code of Georgia Annotated, relating to imposition of penalties by the Department of Agriculture and the Commissioner of Agriculture in lieu of other action, so as to provide for monetary penalties in lieu of permit suspensions for violations of Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980"; to repeal conflicting laws; and for other purposes.

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:

Y Balfour Blitch
Y Bowen Y Broun Y Brown 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

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

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

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461

Senator Marable of the 52nd recognized members of the Coosa High School Technology Education program, commended by SR 553, adopted previously.

The following resolution was put upon its adoption:

SR 570. By Senators Starr of the 44th and Walker of the 22nd:

A resolution requesting the Attorney General to provide legal representation in connection with a certain matter; and for other purposes.

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 Y Brown Y Brush N Burton Y Butler N Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey
Golden N Guhl

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

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

On the adoption of the resolution, the yeas were 41, nays 11.

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

The Calendar was resumed.

HB 206. By Representative Childers of the 13th:

A bill to amend Code Section 43-26-33 of the Official Code of Georgia Annotated, relating to titles of licensed practical nurses, so as to require name tags or other identification under certain conditions; and for other purposes.

Senate Sponsor: Senator Stokes of the 43rd.

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 Harbison Y Hecht Y Hill

Y Price,R Y Price,T Y Ragan

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Y Broun Y Brown
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 Hooks Huggins Jackson
Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue
Polak

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

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

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

Senator Walker of the 22nd moved that the Senate stand in recess until 5:00 p.m., then pursuant to SR 562, adjourn until Monday, February 21, 2000 at 10:00 a.m.; the motion prevailed, and at 11:30 a.m., the President announced the Senate adjourned.

Monday, February 21, 2000

463

Senate Chamber, Atlanta, Georgia Monday, February 21, 2000
Twenty-second Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1451.

By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act to create the Effingham Family Connection," so as to change provisions relating to a quorum; to provide that designees attending a meeting may vote with the authority of the designator.

HB 1456.

By Representatives Mueller of the 152nd, Day of the 153rd, Stephens of the 150th and others:
A bill to amend an Act creating the Board of Elections of Chatham County, so as to change the method of appointing the chairperson of the board.

HB 1460.

By Representatives Lane of the 146th and Martin of the 145th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to change provisions relating to the terms of officers and to the filling of vacancies; to provide for a quorum; to provide for the administrative powers of the mayor; to provide for a city manager.

HB 1468.

By Representatives Smith of the 175th and Smith of the 169th:
A bill to amend an Act creating and establishing the Folkston-Charlton County Airport Authority, so as to change the name of the authority to the Charlton-Folkston-Homeland Airport Authority.

HB 1471. HB 1472.

By Representatives Roberts of the 162nd, Dukes of the 161st and Everett of the 163rd:
A bill to amend an Act creating a Board of Commissioners of Dougherty County, so as to authorize said board to annually appropriate and donate money for purely charitable purposes.
By Representative Mosley of the 171st:
A bill to amend an Act providing for the selection of the chief magistrate of the Magistrate Court of Long County, so as to provide that the judge of the Probate Court of Long County shall also serve as the chief magistrate of the Magistrate Court of Long County.

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HB 1473.

By Representative Tolbert of the 25th:
A bill to provide for the nomination and election of the probate judge of Jackson County in nonpartisan primaries and elections.

HB 1474.

By Representatives Hudson of the 120th and Jackson of the 112th:
A bill to amend an Act providing for the Board of Commissioners of McDuffie County, so as to change the compensation of the chairperson.

HB 1476.

By Representatives Bohannon of the 139th and Ray of the 128th:
A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city.

HB 1477.

By Representative Yates of the 106th: A bill to provide a new charter for the City of Senoia.

HB 1469.

By Representatives Smith of the 175th and Smith of the 169th:
A bill to provide a homestead exemption from Charlton County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who are 62 years of age or over.

HB 1038.

By Representatives Orrock of the 56th, Williams of the 114th, Jones of the 71st and others:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions governing professions and businesses, so as to provide for centralized credentialing for health care practitioners.

HB 1204.

By Representative Murphy of the 18th:
A bill to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to descent and distribution under the Revised Probate Code of 1998, so as to provide for the vesting in the heirs subject to divestment of certain interests in real property owned by an intestate decedent.

HB 1230.

By Representatives Coleman of the 142nd, Parrish of the 144th and Porter of the 143rd:
A bill to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to the expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide for the inclusion of the State Board of Technical and Adult Education.

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465

HB 919.

By Representative Cummings of the 27th:
A bill to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to provide that certain persons who were serving in a position covered by such retirement system on July 1, 1998, may opt to become members of such retirement system.

HB 764.

By Representatives Cummings of the 27th, McBee of the 88th, Shanahan of the 10th and others:
A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that a member who was previously a member of the Georgia Judicial Retirement System who becomes employed in a position covered by the Employees' Retirement System of Georgia may elect to remain a member of the Georgia Judicial Retirement System.

HB 837.

By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for trespass upon or damage to realty accrues.

HB 592.

By Representatives Skipper of the 137th and Royal of the 164th:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of state sales and use tax, so as to change certain provisions regarding payment of the tax by contractors.

HB 1375.

By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 927.

By Representatives Cox of the 105th, Westmoreland of the 104th, Benefield of the 96th and others:

A resolution designating a portion of state route 54 in Fayette County as the "Paul Heard Highway".

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 471. By Senators Kemp of the 3rd, Starr of the 44th, Johnson of the 1st and others:

A bill to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide that marine vessels shall be divided into two distinct and separate subclasses of tangible property for purposes of ad valorem taxation; to define certain terms; to change the method of evaluation of marine vessels for ad valorem tax purposes; to change the time at which ad valorem taxes on certain marine vessels become due and payable; to change

466

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the provisions relating to ad valorem taxation of certain marine vessels owned and held by marine dealers for retail sale; to provide for returns for taxation with respect to certain marine vessels purchased; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 472. By Senator Polak of the 42nd:
A bill to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers in civil cases, and Article 3 of Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to court documents, so as to authorize the filing of electronic records in lieu of paper in certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense, Science and Technology.
SB 473. By Senators Walker of the 22nd, Hecht of the 34th and Dean of the 31st:
A bill to be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to provide powers and duties of the Board of Natural Resources with regard to water quality monitoring and related matters; to provide for the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources with regard to water quality monitoring and related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
SB 474. By Senators Jackson of the 50th, Thompson of the 33rd, Butler of the 55th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to procedures for sentencing and imposition of punishment, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended misdemeanor cases, except as provided in this Act; to amend Article 2 of Chapter 8 of Title 42 of the O.C.G.A., relating to the statewide probation system, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended sentences in misdemeanor cases, except as provided in this Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Corrections, Correctional Institutions and Property.
SB 475. By Senators Thomas of the 10th and Thomas of the 54th:
A bill to be entitled an Act to amend Code Section 33-20A-6 of the Official Code of Georgia Annotated, relating to the prohibition of certain financial incentive programs by managed care plans, so as to prohibit managed care plans from restricting a participating physician in providing in-patient services in a participating facility to an enrollee under certain conditions; to provide for timely payment for inpatient hospital services by managed care plans; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
SB 476. By Senators Hecht of the 34th, Scott of the 36th, Walker of the 22nd and others:
A bill to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide that sentences for certain serious felonies shall be reviewed by a three-judge panel; to provide for the reduction of sentences under certain circumstances; to provide procedures; to provide that any person

Monday, February 21, 2000

467

sentenced to imprisonment other than a sentence of life imprisonment for the first conviction or any subsequent conviction of any serious felony committed on or after the effective date of this Act shall not be eligible for any form of parole or early release; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Corrections, Correctional Institutions and Property.

SB 477. By Senators Ragan of the 11th and Meyer von Bremen of the 12th:

A bill to be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the certification and labeling of organic food and feed; to provide a short title; to provide definitions; to provide for what constitutes organic food or feed; to provide for items which may be used in the production, preservation, and processing of plants and animals intended to meet the standard of identity for organic food or feed; to provide for regulation of identification, advertisement, promotion, labeling, and packaging of organic food and feed; to provide for regulation and standards for production, distribution, and processing practices; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture.

SR 580. By Senators Kemp of the 3rd, Starr of the 44th, Johnson of the 1st and others:

A resolution proposing an amendment to the Constitution so as to provide that marine vessels may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes; to authorize the General Assembly to provide by general law for the ad valorem taxation of marine vessels including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and to do so without need for uniformity of taxation with other classes of property or between or within its subclasses; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Finance and Public Utilities.

The following bills and resolution of the House were read the first time and referred to committees:

HB 592. By Representatives Skipper of the 137th and Royal of the 164th:

A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of state sales and use tax, so as to change certain provisions regarding payment of the tax by contractors; and for other purposes.

Referred to the Committee on Finance and Public Utilities.

HB 764.

By Representatives Cummings of the 27th, McBee of the 88th, Shanahan of the 10th and Kaye of the 37th:

A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that a member who was previously a member of the Georgia Judicial Retirement System who becomes employed in a position covered by the Employees' Retirement System of Georgia may elect to remain a member of the Georgia Judicial Retirement System; and for other purposes.

Referred to the Committee on Retirement.

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HB 837. By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for trespass upon or damage to realty accrues; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
HB 919. By Representative Cummings of the 27th:
A bill to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to provide that certain persons who were serving in a position covered by such retirement system on July 1, 1998, may opt to become members of such retirement system; and for other purposes.
Referred to the Committee on Retirement.
HB 1038. By Representatives Orrock of the 56th, Williams of the 114th, Jones of the 71st and others:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions governing professions and businesses, so as to provide for centralized credentialing for health care practitioners; and for other purposes.
Referred to the Committee on Health and Human Services.
HB 1204. By Representative Murphy of the 18th:
A bill to be entitled an Act to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to descent and distribution under the Revised Probate Code of 1998, so as to provide for the vesting in the heirs subject to divestment of certain interests in real property owned by an intestate decedent; to provide for vesting of such interests in an administrator for the benefit of the heirs and creditors of the decedent; to require the assent of the administrator for revesting in the heirs; to provide for recovery of possession from the heirs by the administrator in certain circumstances; to provide that an order for sale or distribution after notice is conclusive evidence; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1230. By Representatives Coleman of the 142nd, Parrish of the 144th and Porter of the 143rd:
A bill to be entitled an Act to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to the expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide for the inclusion of the State Board of Technical and Adult Education; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 1375. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain

Monday, February 21, 2000

469

conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1451. By Representative Purcell of the 147th:
A bill to be entitled an Act to amend an Act entitled "An Act to create the Effingham Family Connection," approved April 9, 1999 (Ga. L. 1999, p. 3922), so as to change provisions relating to a quorum; to provide that designees attending a meeting may vote with the authority of the designator; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1456. By Representatives Mueller of the 152nd, Day of the 153rd, Stephens of the 150th and others:
A bill to be entitled an Act to amend an Act creating the Board of Elections of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5197), as amended by an Act approved April 4, 1991 (Ga. L. 1991, p. 3620), so as to change the method of appointing the chairperson of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1460. By Representatives Lane of the 146th and Martin of the 145th:
A bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Statesboro," approved March 26, 1987 (Ga. L. 1987, p. 4557), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3630), so as to change provisions relating to the terms of officers and to the filling of vacancies; to provide for a quorum; to provide for the administrative powers of the mayor; to provide for a city manager; to provide for administrative and service departments; to provide for boards, commissions, and authorities; to provide for the enactment of ordinances; to provide for a veto; to provide for the appointment of a temporary judge for the municipal court; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1468. By Representatives Smith of the 175th and Smith of the 169th:
A bill to be entitled an Act to amend an Act creating and establishing the Folkston-Charlton County Airport Authority, approved March 21, 1970 (Ga. L. 1970, p. 3253), so as to change the name of the authority to the Charlton-Folkston-Homeland Airport Authority; to provide for additional members; to change certain provisions regarding appointment and terms of office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1469. By Representatives Smith of the 175th and Smith of the 169th:
A bill to be entitled an Act to provide a homestead exemption from Charlton County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.

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HB 1471. By Representatives Roberts of the 162nd, Dukes of the 161st and Everett of the 163rd:
A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, so as to authorize said board to annually appropriate and donate money for purely charitable purposes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1472. By Representative Mosley of the 171st:
A bill to be entitled an Act to amend an Act providing for the selection of the chief magistrate of the Magistrate Court of Long County, approved March 24, 1984 (Ga. L. 1984, p. 4696), so as to provide that the judge of the Probate Court of Long County shall also serve as the chief magistrate of the Magistrate Court of Long County; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to provide for vacancies; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1473. By Representative Tolbert of the 25th:
A bill to be entitled an Act to provide for the nomination and election of the probate judge of Jackson County in nonpartisan primaries and elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1474. By Representatives Hudson of the 120th and Jackson of the 112th:
A bill to be entitled an Act to amend an Act providing for the Board of Commissioners of McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, so as to change the compensation of the chairperson; to repeal the requirement that the chairperson devote his or her full time to the duties of the office; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1476. By Representatives Bohannon of the 139th and Ray of the 128th:
A bill to be entitled an Act to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 17, 1992 (Ga. L. 1992, p. 6443), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1477. By Representative Yates of the 106th:
A bill to be entitled an Act to provide a new charter for the City of Senoia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and

Monday, February 21, 2000

471

procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HR 927. By Representatives Cox of the 105th, Westmoreland of the 104th, Benefield of the 96th and others:

Designating a portion of state route 54 in Fayette County as the "Paul Heard Highway"; and for other purposes.

Referred to the Committee on Transportation.

The following committee reports were read by the Secretary:

Mr. President:

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

HB 272. Do pass HB 684. Do pass. HB 1137. Do pass. HB 1219. Do pass. SB 309. Do pass by substitute. SR 538. Do pass. SR 569. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

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

SB 234. Do pass.

Respectfully submitted, Senator Madden of the 47th District, Chairman

Mr. President:

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

HB 796. Do pass. HB 1407. Do pass. HB 1420. Do pass. HB 1410. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

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SB 368 SB 372 SB 424 SB 459

HB 340 HB 509 HB 1181 HB 1182

Senator Streat of the 19th moved that Senator Cheeks of the 23rd be excused. On the motion, the yeas were 43, nays 0; the motion prevailed, and Senator Cheeks was excused.

The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Broun Brown Brush Burton Butler Cable Cagle Crotts Dean Egan Fort Gillis Gingrey Golden Guhl

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

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

Those not answering were:

Cheeks (excused) Thomas, D.

The following member was off the floor of the Senate when the roll was called and wishes to be recorded as present:

Senator Thomas of the 54th

The members pledged allegiance to the flag.

Prayer was offered by Reverend Rex Kaney, pastor of Druid Hills United Methodist Church, Atlanta, Georgia.

Senator Polak of the 42nd introduced the doctor of the day, Dr. Richard Fullerton.

Senator Tate of the 38th introduced members of the Alpha Kappa Alpha Sorority, commended by SR 499, adopted previously.

The following resolutions were read and adopted:

SR 578. By Senator Broun of the 46th:

A resolution expressing regret at the passing of Comer Whitehead; and for other purposes.

Monday, February 21, 2000

473

SR 579. By Senator Kemp of the 3rd:

A resolution commending Interstate Paper, LLC; Newport Timber, LLC; and Evergreen Forest Products of Georgia, LLC; and for other purposes.

SR 581. By Senator Madden of the 47th:

A resolution commending Ms. Carol Spruill; and for other purposes.

SR 582. By Senator Brush of the 24th:

A resolution commending the Greenbrier High School boys baseball team; and for other purposes.

SR 583. By Senators Johnson of the 1st, Hill of the 4th, Polak of the 42nd and Thomas of the 2nd:

A resolution honoring Brigadier General Walter C. Corish, Jr.; and for other purposes.

SR 584. By Senators Ragan of the 11th, Jackson of the 50th and Hill of the 4th:

A resolution commending the charter members of the Georgia Agricultural Education Hall of Fame; and for other purposes.

The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR

Monday, February 21, 2000 Twenty-second Legislative Day

(The name listed with the bill is the Senator whose district is affected by the legislation.)

HB 796

Thomas of the 10th Polak of the 42nd Stokes of the 43rd Butler of the 55th Ladd of the 41st Burton of the 5th DEKALB COUNTY

A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, so as to authorize the Board of Commissioners of DeKalb County to adopt an ordinance allowing the deduction from the county employees' salaries or wages amounts designated for charitable organizations or contributions or dues to entities providing services and benefits to employees; and for other purposes.

AS PROVIDED IN SENATE RULE 113, WE, THE UNDERSIGNED SENATORS, HEREBY FILE AN OBJECTION TO HB 796 WHICH IS ON THE LOCAL CONSENT CALENDAR FOR TODAY, AND HEREBY REQUEST THAT IT BE MOVED TO THE SENATE LOCAL CONTESTED CALENDAR.
/s/ Ladd of the 41st /s/ Burton of the 5th /s/ Price of the 56th

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Pursuant to Senate Rule 113, HB 796 was placed on the Local Contested Calendar for today.

HB 1407

Lamutt of the 21st Tanksley of the 3n2d Gingrey of the 37th Tate of the 38th Thompson of the 33rd COBB COUNTY
A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 1, 1999 (Ga. L. 1999, p. 3624), and an Act approved April 16, 1999 (Ga. L. 1999, p.4241), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1410

Gillis of the 20th LAURENS COUNTY
A bill to be entitled an Act to amend an Act providing for the Magistrate Court of Laurens County, approved March 21, 1984 (Ga. L. 1984, p. 4638), as amended by an Act approved September 21, 1995 (Ga. L. Ex. Sess. 1995, p. 318), so as to change the provisions relating to the term of a magistrate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1420

Lamutt of the 21st Tanksley of the 32nd Gingrey of the 37th Tate of the 38th Thompson of the 33rd COBB COUNTY

A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4177), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle

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

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes
Streat

Monday, February 21, 2000

475

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

Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen
Perdue Y Polak

Y Tanksley Y Tate
Thomas,D Y Thomas,N Y Thomas,R 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, having received the requisite constitutional majority, were passed.

The following local, contested bill, favorably reported by the committee as listed on the Local Contested Calendar, was put upon its passage:

SENATE LOCAL CONTESTED CALENDAR
Monday, February 21, 2000 Twenty-second Legislative Day
(The name listed with the bill is the Senator whose district is affected by the legislation.)

HB 796

Thomas of the 10th Polak of the 42nd Stokes of the 43rd Butler of the 55th Ladd of the 41st Burton of the 5th DEKALB COUNTY
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, so as to authorize the Board of Commissioners of DeKalb County to adopt an ordinance allowing the deduction from the county employees' salaries or wages amounts designated for charitable organizations or contributions or dues to entities providing services and benefits to employees; and for other purposes.

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

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

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush N Burton Y Butler N Cable
Cagle E Cheeks

Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt

N Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat
Tanksley

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JOURNAL OF THE SENATE

Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Land Y Lee Y Madden Y Marable Y Meyer v Bremen N Perdue Y Polak

Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the passage of the local bill, the yeas were 37, nays 12.

The bill on the Local Contested Calendar, having received the requisite constitutional majority, was passed.

Senator Bowen of the 13th introduced representatives of the Crisp County Fish Fry, commended by SR 554, adopted previously.

NOTICE OF MOTION TO RECONSIDER:

HB 745 Bibb County; probate court judge; nomination and election (SLGO-18TH) Reichert - 126TH

SENATE RULES CALENDAR
Monday, February 21, 2000 TWENTY-SECOND LEGISLATIVE DAY

SB 336 Education-renewable certificate, certain teachers not completing program (Substitute)(H Ed-6th)

SB 400 Housing and Finance Authority-definitions, scope of operations (EDT&CA-44th)

HB 1264 SB 435

Victim assistance programs; funding; reports (Substitute) (S Judy-40th) Bordeaux-151st Ports Authority-composition, members, terms (EDT&CA-33rd)

HR 792 John F. Lawler Memorial Bridge; designate (Trans-51st) Stancil-16th

SB 352 Tax Executions-certain verification for transfer (SLGO-G-39th)

HB 1262 Code of Georgia; corrections (Amendment)(S Judy-40th) Martin-47th

SR 483 James Wendell George Parkway-designate (Trans-35th)

SR 484 HB 467

James E. "Billy" McKinney Highway-designate (Trans-35th) Unfair business practices; promotional offers; prohibit certain fees (V&CA-15th) Howard-118th

SR 490 Blue Ribbon Commission on State Government Decentralization- create (EDT&CA-44th)

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:

Monday, February 21, 2000

477

SB 336. By Senators Williams of the 6th, Johnson of the 1st, Land of the 16th and others:
A bill to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to provide that the Professional Standards Commission shall grant a renewable certificate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program if such applicant meets certain conditions; to specify such conditions for the granting of a renewable certificate at the four-year level; to repeal conflicting laws; and for other purposes.
The Senate Higher Education Committee offered the following substitute to SB 336:
A BILL
To be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to provide that the Professional Standards Commission shall grant a renewable certificate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program if such applicant meets certain conditions; to specify such conditions for the granting of a renewable certificate at the four-year level; to provide that the Professional Standards Commission shall grant a renewable certificate at the five-year level in a teaching field to an applicant who did not complete an undergraduate teacher preparation program if such applicant meets certain conditions; to specify such conditions for the granting of a renewable certificate at the five-year level; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c)(1) The Professional Standards Commission shall have the authority to grant a renewable certificate at the fouryear level in a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions:
(1)(A) Is the holder of a bachelor's degree from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section;
(2) Has satisfactorily completed an appropriate college course related to human growth and development otherwise required of applicants for such certification;
(3)(B) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and
(4)(C) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification.; and
(D) Has satisfied any additional requirements or standards of the alternative certification program established by rules or regulations of the Professional Standards Commission.
(2) The Professional Standard Commission shall establish rules and regulations to implement the requirements of this subsection as soon as practical."
SECTION 2.

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JOURNAL OF THE SENATE

Said Code section is further amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d)(1) The Professional Standards Commission shall have the authority to grant a renewable certificate at the fiveyear level in a teaching field to an applicant who did not complete an undergraduate teacher preparation program; provided, however, that such applicant meets the following conditions:
(1)(A) Is the holder of a master's degree or higher level degree from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section;
(2)(B) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and
(3)(C) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification.; and
(D) Has satisfied any additional requirements or standards of the alternative certification program established by rules or regulations of the Professional Standards Commission.
(2) The Professional Standards Commission shall establish rules and regulations to implement the requirements of this subsection as soon as practical."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows:

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

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

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

Monday, February 21, 2000

479

On the passage of the bill, the yeas were 49, nays 1.

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

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

AFFIDAVIT

I, Faye Smith, Senator from the 25th District, do hereby swear or affirm that I incorrectly cast my vote on SB 336.

I respectfully request that the record reflect that I agree, support and hereby VOTE IN FAVOR OF SB 336.

I further respectfully request that this affidavit be recorded in the Journals of this Senate.
/s/ Faye Smith 25th District

Sworn and subscribed before the undersigned. This 21 day of February, 2000

/s/ Janie Kaylor Notary Public

The Calendar was resumed. SB 400. By Senators Starr of the 44th, Streat of the 19th and Lee of the 29th:

A bill to be entitled an Act to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to redefine the term "enterprise"; to thereby change provisions relating to the scope of operations of the authority; to change provisions relating to the period of time during which the authority may issue certain bonds and notes; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

N Balfour Y Blitch Y Bowen N Broun Y Brown Y Brush N Burton Y Butler Y Cable Y Cagle E Cheeks Y Crotts Y Dean N Egan Y Fort

Y Harbison Hecht
Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp Y Ladd N Lamutt N Land Y Lee Y Madden Y Marable

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

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Y Gillis Y Gingrey Y Golden Y Guhl

Y Meyer v Bremen N Perdue Y Polak

Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 43, nays 9.

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

Senator Starr of the 44th, President Pro Tempore, assumed the Chair.

HB 1264. By Representative Bordeaux of the 151st:

A bill to be entitled an Act to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, so as to require reports of collections; to provide for penalties; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Egan of the 40th. The Senate Special Judiciary Committee offered the following substitute to HB 1264:

A BILL

To be entitled an Act to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, so as to require reports of collections and disbursements; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, is amended by adding after subsection (a) of Code Section 15-21-132, relating to assessment of additional sums, a new subsection to read as follows:

"(a.1) The court officer charged with the duty of collecting moneys arising from fines pursuant to this Code section and Code Section 15-21-133 is required to submit to the Criminal Justice Coordinating Council a monthly financial report which states the amount collected and the agencies, organizations, or programs which directly received funds in that same period from said officer in order to allow coordination of local, state, and federal funding sources for similar services."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 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 Harbison Y Hecht Y Hill

Y Price,R Y Price,T Y Ragan

Monday, February 21, 2000

481

Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle E Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

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

SB 435. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:

A bill to be entitled an Act to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to change certain provisions relating to authority composition and appointment, terms and qualifications of members, filling of vacancies, election of officers, and quorum; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

On the passage of the bill, the yeas were 44, nays 5.

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JOURNAL OF THE SENATE

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

HR 792.

By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A resolution designating the John F. Lawler Memorial Bridge; and for other purposes.

Senate Sponsor: Senator Stephens of the 51st.

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 N Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle E 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the adoption of the resolution, the yeas were 51, nays 1. The resolution, having received the requisite constitutional majority, was adopted.

SB 352. By Senators Fort of the 39th, Thomas of the 10th and Tate of the 38th:

A bill to be entitled an Act To amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to the transfer of tax executions, so as to provide for the transfer of such executions upon verification by the local tax official that the proposed transferee is current on all ad valorem tax obligations within the tax official's jurisdiction to collect; to provide for exceptions; to provide for the investigation and resolution of certain disputed tax obligations; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr (PRS)

Monday, February 21, 2000

483

Y Butler Y Cable Y Cagle E Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

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

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

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

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

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

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1214.

By Representatives Channell of the 111th, Coleman of the 142nd, Parrish of the 144th and others:

A bill to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, creating the PeachCare for Kids Program, so as to change the provisions relating to eligibility; to provide for Department of Education and local boards of education cooperation and assistance with regard to the program.

The Calendar was resumed.

HB 1262. By Representatives Martin of the 47th and Allen of the 117th:

A bill to be entitled an Act to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Egan of the 40th.

The Senate Special Judiciary Committee offered the following amendment:

Amend HB 1262 by striking line 23 of page 27 and inserting in lieu thereof the following:

"its place 'this chapter' and by deleting".

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

Senator Egan of the 40th offered the following amendment:

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JOURNAL OF THE SENATE

Amend HB 1262 by striking all matter on lines 23 through 28 of page 4 and inserting in place thereof the following:

"(16) By deleting 'after the date of enactment of this chapter' in divisions (2) (A) (ii), (iii) , (iv), and (v), by deleting ' (2) ' in subparagraph (B) of paragraph (2), by striking 'paragraph' and inserting in its place 'division' in division (2) (B) (i), by deleting ' (B) ' in division (2) (B) (iii), by deleting ' (2) ' in subparagraph (C) of paragraph (2), by striking 'Code section' and inserting in its place 'paragraph' in division (2) (C) (i), and by striking 'Code section' and inserting in its place 'paragraph' in the second sentence of division (2) (C) (ii) of Code Section 10-13-3, relating to deposits into escrow accounts and violations."
On the adoption of the amendment, the yeas were 30, nays 0, and the Egan amendment was adopted.

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

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

Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle E 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y 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.

Senator Golden of the 8th introduced the Valwood High School football team, commended by SR 577, adopted previously.

The Calendar was resumed.

SR 483.

By Senators James of the 35th, Butler of the 55th, Brown of the 26th and others: A resolution designating the James Wendell George Parkway; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Balfour Y Blitch Y Bowen
Broun

Y Harbison Y Hecht Y Hill Y Hooks

Y Price,R Y Price,T Y Ragan Y Ray

Monday, February 21, 2000

485

Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle E Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 48, nays 0.

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

SR 484. By Senators James of the 35th, Tate of the 38th, Stokes of the 43rd and others:

A resolution designating the James E. "Billy" McKinney Highway; and for other purposes.

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
Broun Y Brown N Brush
Burton Y Butler Y Cable Y Cagle E Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden
Guhl

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

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

On the adoption of the resolution, the yeas were 40, nays 1.

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

486

JOURNAL OF THE SENATE

HB 467. By Representative Howard of the 118th:

A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that it shall be unlawful for any promotional offer to require an offeree to pay any money, including but not limited to, any service fees, mailing fees, or handling fees to receive a prize; and for other purposes.

Senate Sponsor: Senator Harbison of the 15th.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle E Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

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

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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.

The President resumed the Chair.

SR 490.

By Senators Starr of the 44th, Walker of the 22nd and Golden of the 8th:
A resolution creating the Blue Ribbon Commission on State Government Decentralization; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes.

Senators Stephens of the 51st and Johnson of the 1st offered the following amendment:

Amend SR 490 by inserting on line 3 on page 1 immediately after the word and symbol "commission;" the following:

"to provide for a maximum number of state commissions, boards, bureaus, councils, committees, or agencies at any one time;".
By inserting immediately following line 27 on page 2 the following:

Monday, February 21, 2000

487

"BE IT FURTHER RESOLVED that at any one time the number of legislatively enacted state commissions, boards, bureaus, councils, committees, or other agencies, other than departments of state government as defined by Code Section 50-4-1 of the Official Code of Georgia Annotated, shall not exceed a total of 280. The General Assembly shall be required to terminate or abolish one existing commission, bureau, board, council, committee, or other agency for each additional one it creates if the total number exceeds 280."

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 Y Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle E 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 Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Y Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 21, nays 31, and the Stephens, Johnson amendment was lost.

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 Y Brown N Brush N Burton
Butler Y Cable Y Cagle E Cheeks Y Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

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

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

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 47, nays 5. The resolution, having received the requisite constitutional majority, was adopted. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow. The motion prevailed, and the President announced the Senate adjourned at 12:20 p.m.

Tuesday, February 22, 2000

489

Senate Chamber, Atlanta, Georgia Tuesday, February 22, 2000
Twenty-third Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1485.

By Representatives Sauder of the 29th, Parsons of the 40th, Wiles of the 34th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.

HB 1497.

By Representatives Wix of the 33rd, Sauder of the 29th, Cooper of the 31st and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to the compensation of the commissioners and the chairperson.

HB 1314.

By Representatives Holmes of the 53rd, Hudson of the 120th and Watson of the 70th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to specify the General Assembly's intent; to change the functions of the state merit system; to provide that each agency shall develop an annual work force plan according to state-wide criteria and guidelines; to change definitions; to provide for participation of unclassified employees in certain programs.

HB 1416. HB 1379.

By Representatives West of the 101st, Stallings of the 100th, Royal of the 164th and others:
A bill to amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to exemption of certain agricultural products from ad valorem taxation, so as to provide an ad valorem tax exemption for certain farm equipment owned and used by family owned qualified farm products producers.
By Representatives Hudson of the 156th, Holland of the 157th, Ray of the 128th and others:
A bill to amend Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees of the Georgia-Federal State Inspection Service who are active or retired members of the Employees' Retirement System of Georgia.

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JOURNAL OF THE SENATE

HB 1389.

By Representatives Powell of the 23rd, Martin of the 145th, Epps of the 131st and others:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to clarify when the holder of a dishonored instrument may charge to the maker of such instrument any fees that a bank or financial institution charges such holder for handling such dishonored instrument.

HB 1322.

By Representatives Squires of the 78th and Unterman of the 84th:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, memorials, recreation areas, and other similar facilities, so as to establish the official gardens and nature centers of Georgia.

HB 1403.

By Representative Teper of the 61st:
A bill to amend Code Section 48-8-104 of the Official Code of Georgia Annotated, relating to administration and disbursement of proceeds of the homestead option sales and use tax, so as to change certain provisions regarding the distribution and expenditure of such proceeds.

HB 1339. HB 892. HB 1284.

By Representatives Epps of the 131st, Dixon of the 168th, DeLoach of the 119th and others:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas Day, so as to provide that in any county or municipality in which the sale of alcoholic beverages is authorized, the sale of alcoholic beverages in compliance with such authorization shall be authorized and legal on any election day; to provide exceptions; to provide that the local governing authority of any county in which the sale of alcoholic beverages is authorized and the local governing authority of any municipality in which the sale of alcoholic beverages is authorized may, by ordinance, prohibit the sale of alcoholic beverages on any election days.
By Representatives Allen of the 117th, Anderson of the 116th, Stanley of the 49th and others:
A bill to amend Code Section 15-11-9.1 of the Official Code of Georgia Annotated, relating to juvenile court intake and probation services, so as to provide that certain employees transferred from county juvenile courts to the state-wide juvenile and intake services will be included in the classified service of the state merit system; to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system generally, so as to make conforming changes.
By Representatives Tillman of the 173rd, Murphy of the 18th, O'Neal of the 75th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide for legislative findings and intent; to provide for execution by lethal injection for persons convicted of capital crimes committed after a specified date.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 956.

By Representative Mueller of the 152nd:

Tuesday, February 22, 2000

491

A resolution authorizing the conveyance of certain state owned real property located in Chatham County.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 478. By Senators Brush of the 24th and Blitch of the 7th:
A bill to be entitled an Act to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions relative to eminent domain, so as to provide that any action taken by the state, a county, or a municipal corporation to change the land use or zoning status of real property which causes a reduction in the use or exchange value of that property shall be considered a taking of said property; to provide a short title; to provide a definition; to provide for the rights of the property owner in such circumstance; to provide for construction; to provide for applicability; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 479. By Senators Madden of the 47th, Meyer von Bremen of the 12th, Smith of the 25th and others:
A bill to be entitled an Act to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, so as to provide for a state ombudsman and for community ombudsmen for mental health, mental retardation, and substance abuse; to provide for the duties of such state ombudsman; to provide that the state ombudsman will be under the supervision and direction of the consumers' insurance advocate; to provide for contracts for the operation of a community ombudsman program for this state and for the components of that program; to provide for reviews, responses, recommendations, and actions regarding community ombudsman investigations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
SB 480. By Senators Walker of the 22nd, Dean of the 31st and Gillis of the 20th:
A bill to be entitled an Act to amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to change the courts required to impose fines for deposit in that fund; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
SB 481. By Senators Hill of the 4th, Hecht of the 34th and Kemp of the 3rd:
A bill to be entitled an Act to amend Code Section 16-5-23.1, of the Official Code of Georgia Annotated, relating to battery, so as to provide for an enhanced penalty for the offense of family battery if conviction is subsequent to any of specified offenses against a person with one of specified relationships to defendant; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 482. By Senators James of the 35th, Thomas of the 10th, Brown of the 26th and Tate of the 38th:
A bill to be entitled an Act to amend Code Section 16-11-38 of the Official Code of Georgia Annotated, relating to the wearing of a mask, hood, or other device which conceals the identity of the wearer, so as to provide for certain additional exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OF THE SENATE

SB 483. By Senators James of the 35th, Walker of the 22nd and Hecht of the 34th:

A bill to be entitled an Act to amend Code Section 43-9-12 of the Official Code of Georgia Annotated, relating to grounds for refusal or revocation of licenses to practice chiropractic, so as to require the furnishing of certain information to a chiropractor after an investigation thereof is initiated or completed and to require a delay in sanctions in order to allow the person being investigated to respond to such information; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SR 592. By Senators Hill of the 4th, Meyer von Bremen of the 12th, Ragan of the 11th and others:

A resolution urging the United States Congress to amend the provisions of the Social Security Act relating to Medicaid and specifically to the Medicaid Disproportionate Share Exclusion Exemption; and for other purposes.

Referred to the Committee on Health and Human Services.

The following bills and resolution of the House were read the first time and referred to committees:

HB 892.

By Representatives Allen of the 117th, Anderson of the 116th, Stanley of the 49th and Howard of the 118th:

A bill to amend Code Section 15-11-9.1 of the Official Code of Georgia Annotated, relating to juvenile court intake and probation services, so as to provide that certain employees transferred from county juvenile courts to the state-wide juvenile and intake services will be included in the classified service of the state merit system; to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system generally, so as to make conforming changes; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1214. By Representatives Channell of the 111th, Coleman of the 142nd, Parrish of the 144th and others:

A bill to be entitled an Act to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, creating the PeachCare for Kids Program, so as to change the provisions relating to eligibility; to provide for Department of Education and local boards of education cooperation and assistance with regard to the program; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 1284. By Representatives Tillman of the 173rd, Murphy of the 18th, O'Neal of the 75th and others:

A bill to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide for legislative findings and intent; to provide for execution by lethal injection for persons convicted of capital crimes committed after a specified date; to provide for a definition; to provide that prescription, preparation, compounding, dispensing, and administration of a lethal injection is not the practice of certain licensed or certified professions; to change provisions relating to electrocution as a method of execution; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

Tuesday, February 22, 2000

493

HB 1314. By Representatives Holmes of the 53rd, Hudson of the 120th and Watson of the 70th:
A bill to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to specify the General Assembly's intent; to change the functions of the state merit system; to provide that each agency shall develop an annual work force plan according to state-wide criteria and guidelines; to change definitions; to provide for participation of unclassified employees in certain programs; to provide for uniformity in the accrual and usage of leave by employees in the classified and unclassified service; to provide for consistency in the state's performance management system; to change the method of personnel evaluations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 1322. By Representatives Squires of the 78th and Unterman of the 84th:
A bill to be entitled an Act to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, memorials, recreation areas, and other similar facilities, so as to establish the official gardens and nature centers of Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1339. By Representatives Epps of the 131st, Dixon of the 168th, DeLoach of the 119th and others:
A bill to be entitled an Act to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas Day, so as to provide that in any county or municipality in which the sale of alcoholic beverages is authorized, the sale of alcoholic beverages in compliance with such authorization shall be authorized and legal on any election day; to provide exceptions; to provide that the local governing authority of any county in which the sale of alcoholic beverages is authorized and the local governing authority of any municipality in which the sale of alcoholic beverages is authorized may, by ordinance, prohibit the sale of alcoholic beverages on any election days; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
HB 1379. By Representatives Hudson of the 156th, Holland of the 157th, Ray of the 128th and others:
A bill to be entitled an Act to amend Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees of the Georgia-Federal State Inspection Service who are active or retired members of the Employees' Retirement System of Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
HB 1389. By Representatives Powell of the 23rd, Martin of the 145th, Epps of the 131st and others:
A bill to be entitled an Act to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to clarify when the holder of a dishonored instrument may charge to the maker of such instrument any fees that a bank or financial institution charges such holder for handling such dishonored instrument; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banking and Financial Institutions.

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JOURNAL OF THE SENATE

HB 1403. By Representative Teper of the 61st:
A bill to be entitled an Act to amend Code Section 48-8-104 of the Official Code of Georgia Annotated, relating to administration and disbursement of proceeds of the homestead option sales and use tax, so as to change certain provisions regarding the distribution and expenditure of such proceeds; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1416. By Representatives West of the 101st, Stallings of the 100th, Royal of the 164th and others:
A bill to be entitled an Act to amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to exemption of certain agricultural products from ad valorem taxation, so as to provide an ad valorem tax exemption for certain farm equipment owned and used by family owned qualified farm products producers; to provide for a special election; to provide for effective dates and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1485. By Representatives Sauder of the 29th, Parsons of the 40th, Wiles of the 34th and others:
A bill to be entitled an Act 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, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3915), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1497. By Representatives Wix of the 33rd, Sauder of the 29th, Cooper of the 31st and others:
A bill to be entitled an Act to amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved March 19, 1999 (Ga. L. 1999, p. 3595), so as to change the provisions relating to the compensation of the commissioners and the chairperson; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HR 956. By Representative Mueller of the 152nd:
A resolution authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
The following committee reports were read by the Secretary:
Mr. President:

Tuesday, February 22, 2000

495

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

HB 1162. Do pass by substitute.

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

Mr. President:

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

HB 1187. Do pass by substitute.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President:

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

SB 412. Do pass. SB 450. Do pass. HB 1158. Do pass by substitute.

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

The following bills and resolutions were read the second time:

SB 234 SB 309 SR 538 SR 569

HB 272 HB 684 HB 1137 HB 1219

The roll was called and the following Senators answered to their names:

Blitch Bowen Brown Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Gillis Gingrey Golden Guhl Harbison

Hill Hooks Huggins Jackson James Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer v Bremen Perdue Price,R

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

Those not answering were:

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JOURNAL OF THE SENATE

Balfour Broun Fort Hecht Polak Scott
The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:
Senators: Hecht of the 34th Polak of the 42nd
The members pledged allegiance to the flag.
Prayer was offered by Reverend Dr. Carlton Allen, pastor of First Baptist Church, Claxton, Georgia.
The following resolutions were read and adopted:
SR 585. By Senator Hill of the 4th:
A resolution recognizing and commending Helen Griffin Jordan on her 80th birthday; and for other purposes.
SR 586. By Senator Hill of the 4th:
A resolution commemorating Moses Cox and James Ransome Avant; and for other purposes.
SR 587. By Senator Hill of the 4th:
A resolution commending the Pinewood Christian Academy junior varsity cheerleaders; and for other purposes.
SR 588. By Senators Hill of the 4th, James of the 35th, Starr of the 44th and Perdue of the 18th:
A resolution expressing regret at the passing of Clifford H. Baldowski; and for other purposes.
SR 589. By Senators Dean of the 31st and Marable of the 52nd:
A resolution commending Georgia electric utilities and their employees for their efforts following the ice storm on January 22, 2000; and for other purposes.
SR 590. By Senators Starr of the 44th, Walker of the 22nd, Hill of the 4th and others:
A resolution recognizing "Rural Crisis Day"; and for other purposes.
SR 591. By Senator Brush of the 24th:
A resolution commending Ms. Sonya Moss-Powell, the 2000 McDuffie County Teacher of the Year; and for other purposes.
SR 593. By Senator Smith of the 25th:
A resolution commending Mr. Roy Womack; and for other purposes.

Tuesday, February 22, 2000

497

SR 594.

By Senator Smith of the 25th: A resolution recognizing and commending Honorable Edith Ingram; and for other purposes.

SR 595. By Senator Smith of the 25th: A resolution congratulating the Morgan County High School wrestling team; and for other purposes.
Senator Jackson of the 50th introduced Senator Ragan of the 11th and other charter members of the Georgia Agriculture Hall of Fame, commended by SR 584, adopted previously. Senator Stokes of the 43rd introduced the doctor of the day, Dr. John Harper.
SENATE RULES CALENDAR Tuesday, February 22, 2000
TWENTY-THIRD LEGISLATIVE DAY SB 387 Recording Phone Calls of Child Under 18 by Parent-provisions (Amendment)(Judy-56th) HB 1138 Dead animal disposal; additional methods (Ag-50th) Reaves-178th SB 436 Civil Practice-delivery of notices by certified, registered mail (S Judy-1st) SB 364 City/County-no disclosure of personal information on security, fire systems (Substitute)(Judy-45th) SB 403 Civil Proceedings-electronic filings, signatures (Substitute) (Judy-48th) HB 840 Georgia Military College; funding through Technical and Adult Education (H Ed-4th) Royal-164th HB 1112 Juvenile proceedings; reorganize provisions (Judy-12th) Squires-78th SB 398 OneGeorgia Authority-create (EDT&CA-33rd) SR 480 Childhood Care/Education-goals, outcome measures for state policy (Ed-4th) HB 823 Motor vehicles; temporary license plates (Substitute)(Judy-12th) Everett-163rd HB 1149 Hotel-motel tax; convention center (EDT&CA-34th) Snelling-99th SB 368 Motor Vehicle License Plate-prohibit when parking tickets outstanding (Substitute) (S Judy-33rd)
Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee

The following general bills were read the third time and put upon their passage:
SB 387. By Senators Price of the 56th and Hecht of the 34th:
A bill to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide that a parent or guardian of a child under the age of 18 years who has a good faith, objectively reasonable basis for concern that such child is the victim of the criminal conduct of another may consent on behalf of the child for recording and

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JOURNAL OF THE SENATE

divulging a telephonic conversation or an electronic communication between the child and one or more persons; to provide that such recording shall be admissible into evidence; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following amendment:
Amend SB 387 by striking the word "consenting" in line 7 of page 2.
On the adoption of the amendment, the yeas were 0, nays 36, and the amendment was lost.
Senators Price of the 56th and Kemp of the 3rd offered the following substitute to SB 387:
A BILL
To be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide that a parent or guardian of a minor child may monitor or intercept certain communications between such child and another person for the purpose of ensuring the welfare of such child; to provide conditions for such monitoring or interception; to authorize disclosure of such communications to a district attorney or law enforcement officer under certain circumstances; to provide for admission of evidence of such communications; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, is amended by striking in its entirety Code Section 16-11-66, relating to the interception of wire, oral, and electronic communications and related matters, and inserting in lieu thereof the following:
"16-11-66.
(a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
(b) After obtaining the consent required by this subsection, the telephonic conversations or electronic communications to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor's office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone or electronic communication shall be given only by order of a judge of a superior court upon written application, as provided in subsection (c) of this Code section, or by a parent or guardian of said child as provided in subsection (d) of this Code section. Said recording shall not be used in any prosecution of the consenting child in any delinquency or criminal proceeding. Such An application to a judge of the superior court made pursuant to this Code section need not comply with the procedures set out in Code Section 16-11-64.
(c) The A judge to whom a written application has been made shall issue the order provided by subsection (b) of this Code section only:
(1) Upon finding probable cause that a crime has been committed;
(2) Upon finding that the child understands that the conversation is to be recorded and that such child agrees to participate; and
(3) Upon determining that participation is not harmful to such child.

Tuesday, February 22, 2000

499

A true and correct copy of the recording provided for in subsection (b) of this Code section shall be returned to the superior court judge who issued the order and such copy of the recording shall be kept under seal until further order of the court.

(d) The provisions of this article shall not be construed to prohibit a parent or guardian of a child under 18 years of age, with or without the consent of such minor child, from monitoring or intercepting telephonic conversations of such minor child with another person by use of an extension phone located within the family home, or electronic or other communications of such minor child from within the family home, for the purpose of ensuring the welfare of such minor child. If the parent or guardian has a reasonable or good faith belief that such conversation or communication is evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity affecting the welfare or best interest of such child, the parent or guardian may disclose the content of such telephonic conversation or electronic communication to the district attorney or a law enforcement officer. A parent or guardian may consent to the monitoring or interception of communications of a minor child by a law enforcement officer. A recording or other record of any such conversation or communication made by a parent or guardian in accordance with this subsection that contains evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity shall be admissible in a judicial proceeding except as otherwise provided in subsection (b) of this Code section."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3.

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

On the adoption of the substitute, the yeas were 43, nays 1, and the Price of the 56th, Kemp substitute was adopted.

Pursuant to Senate Rule 143, action on SB 387 was suspended and SB 387 was placed on the Senate General Calendar.
The following communication was received by the Secretary:

With regard to SB 387, I was attending to business on the House floor on another bill. I would have voted Yes on the bill.

/s/ Greg Hecht 34th District

HB 1138. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:

A bill to be entitled an Act to amend Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," so as to authorize additional methods for the disposal of dead animals; to repeal certain provisions relating to carcasses which are burned; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Jackson of the 50th.

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

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

Balfour Y Blitch

Y Harbison Hecht

Y Price,R Y Price,T

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Y Bowen Y Broun Y Brown
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

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

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

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed. The following communications were received by the Secretary:

Secretary of the Senate:

In my distraction in reading the calendar of bills, I inadvertently voted Nay on HB 1138. My vote should have been Yea.

Please allow the Journal to reflect the same. Thank You,

/s/ Regina Thomas 2nd District

With regard to HB 1138, I was attending to business on the House floor on another bill. I would have voted Yea on HB 1138.

/s/ Greg Hecht 34th District

SB 436. By Senators Johnson of the 1st and Egan of the 40th:

A bill to be entitled an Act to amend Code Section 1-3-3 of the O.C.G.A., relating to definitions of terms in the O.C.G.A., so as to define the term "statutory overnight delivery"; to amend Code Section 9-10-12 of the O.C.G.A., relating to delivery of notices by certified or registered mail, so as to provide for delivery of notices by overnight delivery through the postal service or a commercial delivery service; to define and authorize delivery by "statutory overnight delivery"; to provide for references in laws, statutes, Code sections, ordinances, rules, and regulations; to amend numerous provisions of the O.C.G.A. so as to authorize delivery in such manner of notices previously required to be delivered by registered or certified mail; to repeal conflicting laws; and for other purposes.

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

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

Tuesday, February 22, 2000

501

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

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

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

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

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

SB 364. By Senators Guhl of the 45th and Crotts of the 17th:

A bill to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records that are not subject to public disclosure, so as to exempt from public disclosure certain personal information of persons or entities obtained by counties or municipalities in connection with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 364:

A BILL
To be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records that are not subject to public disclosure, so as to exempt from public disclosure certain personal information of persons or entities obtained by counties or municipalities in connection with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records that are not subject to public disclosure, is amended by adding between paragraph (11.1) and paragraph (12) of subsection (a) a new paragraph (11.2) to read as follows:
"(11.2) Records that would reveal the names, home addresses, telephone numbers, security codes, or any other data or information developed, collected, or received by counties or municipalities in connection with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic

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JOURNAL OF THE SENATE

security systems; provided, however, that initial police reports and initial incident reports shall remain subject to disclosure pursuant to paragraph (4) of this subsection;"

SECTION 2.

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

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by 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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

The bill, having received the requisite constitutional majority, was passed by substitute. SB 403. By Senators Ray of the 48th, Kemp of the 3rd and Lee of the 29th:

A bill to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings within the jurisdiction of the magistrate courts, so as to provide for the filing of actions, claims, answers, pleadings, postjudgment interrogatories, and other documents by electronic means; to provide for the electronic signature and verification of such pleadings and to provide for methods of service and docketing of such pleadings; to provide for the burden of proof if authenticity is challenged; to provide for the assessment and collection of fees in connection with such pleadings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 403:

A BILL

To be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings within the jurisdiction of the magistrate courts, so as to provide for the filing of actions, claims, answers, pleadings, postjudgment interrogatories, and other documents by electronic means; to provide for the electronic signature and verification of such pleadings and to provide for methods of service and docketing of

Tuesday, February 22, 2000

503

such pleadings; to provide for the burden of proof if authenticity is challenged; to provide for the assessment and collection of fees in connection with such pleadings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings within the jurisdiction of the magistrate courts, is amended by adding a new Code Section 15-10-52 to read as follows:
"15-10-52.
(a) Any magistrate court may provide for the filing of civil, garnishment, distress warrant, dispossessory, foreclosure, abandoned motor vehicle, and all other noncriminal actions, claims, answers, counterclaims, pleadings, postjudgment interrogatories, and other documents by electronic means.
(b) Any pleading or document filed electronically shall be in a format prescribed by the court.
(c) Any pleading or document filed electronically shall include the electronic signature of the person filing the pleading or document as defined in Code Section 10-12-3.
(d) Any pleading or document filed electronically which is required to be verified, verified under oath, or be accompanied by an affidavit may include such verification, oath, or affidavit by one of the following methods:
(1) As provided in subsection (j) of Code Section 10-12-4;
(2) By oath or affirmation of the party filing the pleading at the time of the trial of the case;
(3) By supplemental verified pleading; or
(4) By electronic verification, oath, or affidavit in substantially the following form:
'By affixing this electronic verification, oath, or affidavit to the pleading(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that the statements set forth in the above pleading(s) are true and correct.
Date:__________ Electronic Signature:__________'
(e) Service of any claim or complaint filed electronically shall be made as provided by law. Service of all subsequent pleadings and notices may be made electronically only on a party who has filed pleadings electronically; service on all other parties shall be made by such other means as are provided by law. Each pleading or document which is required to be served on other parties shall include a certificate of service indicating the method by which service on the other party has been made. An electronic certificate of service shall be made in substantially the following form:
'By affixing this electronic certificate of service to the pleading(s) or document(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that I have this date served the opposing party with a copy of this pleading by e-mail or placing a copy in regular mail with sufficient postage thereon to the following address: (set forth address of opposing party).
Date:__________ Electronic Signature:_______________'
(f) Nothing in this Code section shall prevent a party from contesting an electronic pleading, document, or signature on the basis of forgery or fraud. Any pleading or document found by the court to have been fraudulently filed shall be stricken from the record.

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(g) Where the authenticity or the integrity of an electronic pleading, document, or signature is challenged, the proponent of the electronic pleading, document, or signature shall have the burden of proving that the electronic pleading, document, or signature is authentic.

(h) Upon the receipt of any pleading or other document filed electronically, the clerk of magistrate court shall notify the filer of receipt of the pleading or document. Such notice shall include the date and time the court accepted the pleading or document as filed.
(i) Any pleading or document filed electronically at a time outside the clerk of court's normal hours of operation shall be deemed filed at the commencement of the court's next business day.
(j) When the filing of the pleading or document requires the payment of a fee, the clerk of magistrate court may establish procedures for the payment of such fees connected with such filing. The filing of any such pleading or document shall create an obligation by the party to pay such fee to the clerk of court instanter.

(k) The clerk of court may assess an additional transaction fee or fees for each electronic filing and electronic payment."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

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

On the adoption of the substitute, the yeas were 38, nays 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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 51, nays 0.

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

Tuesday, February 22, 2000

505

HB 840. By Representatives Royal of the 164th, Jamieson of the 22nd, Coleman of the 142nd and others:

A bill to amend Part 2 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to funding, donations, property, and scholarships regarding Georgia Military College, so as to provide for the appropriation of funds designated for Georgia Military College through the Department of Technical and Adult Education and for the oversight of such funds by the Board of Technical and Adult Education; and for other purposes.
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:

Balfour Y Blitch
Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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 1112. By Representative Squires of the 78th:
A bill to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A. in Articles 1, 2, and 4, relating respectively to juvenile proceedings, parental rights, and procedures and policies relative to juveniles who may be mentally incompetent, so as to reorganize such articles; to redesignate and rearrange Code sections within such articles; to make editorial changes; to correct cross-references in accordance with such reorganization; to amend Titles 5, 15, 16, 17, 19, 20, 24, 31, 35, 36, 40, 47, and 49 of the O.C.G.A., relating respectively to appeals, courts, crimes, criminal procedure, domestic relations, education, evidence, health, law enforcement, local government, motor vehicles, retirement, and social services, so as to correct cross-references; to repeal conflicting laws; and for other purposes.

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:

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JOURNAL OF THE SENATE

Balfour Y Blitch
Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden
Marable Y Meyer v Bremen Y Perdue Y Polak

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

SB 398.

By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Hill of the 4th and others:

A bill to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the OneGeorgia Authority; to provide a short title; to provide for legislative findings and declaration of necessity; to provide definitions; to provide for the composition of the authority; to provide for the appointment of an executive director; to provide for limitation on the authority's liability; to provide for the powers of the authority; to provide for the powers to issue bonds and incur indebtedness; to provide for obligations not subject to the "Georgia Securities Act of 1973"; to provide for bonds as securities; to provide for the payment of bond proceeds; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

Senators Perdue of the 18th, Johnson of the 1st and Stephens of the 51st offered the following amendment:

Amend SB 398 by striking lines 32 through 38 on page 26.

On the adoption of the amendment, Senator Price of the 56th called for the yeas and nays; the call was sustained, and the vote was as follows:

Balfour Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle Cheeks

N Harbison N Hecht N Hill N Hooks Y Huggins N Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt

Y Price,R Y Price,T N Ragan Y Ray N Scott N Smith N Starr Y Stephens
Stokes N Streat N Tanksley

Tuesday, February 22, 2000

507

Y Crotts N Dean
Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 19, nays 31, and the amendment was lost.

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

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

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

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

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

SR 480. By Senators Hill of the 4th, Jackson of the 50th and Marable of the 52nd:
A resolution listing the goals and outcome measures for state policy on childhood care and education and urging state agencies to comply; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens

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

Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

Senator Hooks of the 14th introduced the "Shakers" of Fort Valley Middle School, commended by SR 495, adopted previously.

Senator Madden of the 47th introduced Carol Spruill, commended by SR 581, adopted previously.

The Calendar was resumed.

HB 823.

By Representatives Everett of the 163rd, Bridges of the 9th, Callaway of the 81st and Parham of the 122nd:

A bill to amend Code Section 40-2-8 of the Official Code of Georgia Annotated, relating to operation of unregistered vehicles or vehicles without current license plates, revalidation decals, or county decals, storage of unlicensed vehicles, jurisdiction, display of temporary notices, and disposition of fines, so as to provide for issuance of temporary plates for vehicles sold by dealers of new and used motor vehicles and display of such temporary plates on recently purchased vehicles prior to registration; and for other purposes.

Senate Sponsor: Senator Meyer von Bremen of the 12th.

The Senate Judiciary Committee offered the following substitute to HB 823:

A BILL

To be entitled an Act Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for issuance of temporary plates for vehicles sold by dealers of new and used motor vehicles and display of such temporary plates on recently purchased vehicles prior to registration; to provide for exceptions; to eliminate a fee charged delinquent owners of motor vehicles; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-8, relating to operation of an unregistered vehicle or a vehicle without a current license plate, revalidation decal, or county decal, and inserting in lieu thereof the following:

"40-2-8.

Tuesday, February 22, 2000

509

(a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-220 shall be deemed to be a separate and distinct offense.
(b)(1) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia, unless such operation is otherwise permitted by this chapter.
(2)(A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated, unless such operation is otherwise permitted under this chapter; and provided, however further, that the purchaser of a new vehicle or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle; but the purchaser of any vehicle from a dealer of new or used motor vehicles shall display a temporary plate issued as provided by subparagraph (B) of this paragraph on the rear of such vehicle in the space provided for a license plate when such vehicle is operated on the public highways and streets of this state during such period prior to registration; unless such purchaser has made application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her, in which event the license plate to be transferred shall be displayed on the vehicle during the period prior to registration; or unless such vehicle is to be registered under the International Registration Plan.
(B)(i) The county tag agent may upon request issue to such purchaser a notice from the tag agent indicating that such vehicle has been recently acquired and stating the deadline for registering such vehicle in this state during the applicable initial registration period, which notice the purchaser may place on the rear of the vehicle in the space provided for a license plate for temporary display during such initial registration period and prior to registration; provided, however, that if any such notice is issued it shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor. Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless at such time the purchaser makes application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her or unless such vehicle is to be registered under the International Registration Plan, a temporary plate which may bear the dealer's name and location and shall bear, in characters not less than one-quarter of an inch wide and one and one-half inches high, the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle. Such temporary plates shall be made of heavy stock paper, inscribed with indelible ink, and designed to resist deterioration or fading due to exposure to the elements during the period for which display is required. The expiration date may be handprinted on the plate at the time of issuance by use of an indelible ink marker, with contrasting ink, provided that the month of expiration shall be indicated by complete word and not by any abbreviation or numeral. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor. Such temporary plate shall be surrendered to the tag agent at the time the vehicle is registered, and the tag agent shall destroy such temporary plate. No such temporary plate shall be renewed or valid beyond the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register the vehicle. The requirements of this subparagraph do not apply to a dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers.
(ii) All temporary plates issued by dealers to purchasers of vehicles on or after July 1, 2001, shall be of a standard design prescribed by regulation promulgated by the department in accordance with the requirements of this subparagraph. Temporary plates issued by dealers to purchasers prior to such date may be of any design if such plates meet the requirements of this subparagraph.
(3) The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties.

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(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered, unless such operation is otherwise permitted under this chapter. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate."

SECTION 2.

Said chapter is further amended by striking subsection (b) of Code Section 40-2-40, relating to registration of delinquent vehicles and collection and disposition of penalties, and inserting in lieu thereof the following:

"(b) All applications for the registration of a delinquent vehicle shall, before being accepted by a tag agent, be first endorsed by a sheriff or a deputy sheriff, a chief of police or his or her designated representative, a state highway patrolman, a state revenue special agent or enforcement officer, a Department of Transportation enforcement officer, a tax commissioner, or a tax collector. The officer endorsing the delinquent application shall indicate, with his or her endorsement on the application, the total amount of the prescribed registration fee together with the 25 percent penalty provided in this Code section and the sum of $1.00, and the full total of such amount shall be paid to the tag agent before any license plate or revalidation decal as provided for in this chapter shall be assigned to the applicant."

SECTION 3.

Said chapter is further amended by striking Code Section 40-2-41, relating to display of license plates, and inserting in lieu thereof the following:

"40-2-41.

Unless otherwise permitted under this chapter, every Every vehicle required to be registered under this chapter, which is in use upon the highways, shall at all times display the license plate issued to the owner for such vehicle, and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. No person shall display on the rear of a motor vehicle any temporary or permanent plate or tag not issued by the State of Georgia which is intended to resemble a license plate which is issued by the State of Georgia. The commissioner is authorized to adopt rules and regulations so as to permit the display of a license plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state. Any person who violates any provision of this Code section shall be guilty of a misdemeanor."

SECTION 4.

This Act shall become effective July 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 32, nays 0, and the substitute was adopted.

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

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

Balfour N Blitch Y Bowen

Y Harbison Y Hecht Y Hill

Y Price,R Y Price,T Y Ragan

Tuesday, February 22, 2000

511

Y Broun Y Brown 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 Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 50, nays 1.

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

HB 1149. By Representatives Snelling of the 99th and Hembree of the 98th:

A bill to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to change the specific date by which certain conference and convention center facilities or similar facilities must be substantially completed and in operation; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hecht of the 34th.

Senator Hecht of the 34th asked unanimous consent that HB 1149 be dropped to the foot of the Calendar. The consent was granted, and HB 1149 was dropped to the foot of the Calendar for today.

SB 368. By Senator Thompson of the 33rd:

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 motor vehicle registration and licensing generally, so as to provide that license plates, revalidation decals, and county name decals shall not be issued to certain persons who have failed to pay parking tickets; to provide for issuance of license plates, revalidation decals, and county name decals upon payment of outstanding parking fines and an administrative fee in addition to other requirements of law; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Special Judiciary Committee offered the following substitute to SB 368:
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 motor vehicle registration and licensing generally, so as to provide that license plates, revalidation decals, and county name decals shall not be issued to certain persons who have failed to pay parking tickets; to provide for issuance of license plates, revalidation decals, and county name decals upon payment of outstanding parking fines and an administrative fee in addition to other requirements of law; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle registration and licensing generally, is amended by adding a new Code Section 40-2-33.1 to read as follows:

"40-2-33.1.

No license plate, revalidation decal, or county name decal shall be issued by a county tag agent to any person who at the time of application therefor has seven or more outstanding parking violation citations issued on behalf of such county or any municipality within the county and for which such person has not paid the fines and has failed to timely appear in court. The law enforcement agency of any county or municipality therein may notify the county tag agent for such county of any person having such outstanding parking violation citations for purposes of this Code section. Upon satisfactory proof that such outstanding fines have been paid, payment of a $25.00 administrative fee to the county tag agent for administering this Code section, and compliance with the provisions of this chapter, the license plate, revalidation decal, or county decal shall be issued to such person. The administrative fee collected by the county tag agent under this Code section shall be remitted to the fiscal authority of the county."

SECTION 2.

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

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

Tuesday, February 22, 2000

513

The following bill, having been dropped to the foot of the Calendar earlier today, was continued upon its passage:

HB 1149. By Representatives Snelling of the 99th and Hembree of the 98th:

A bill to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to change the specific date by which certain conference and convention center facilities or similar facilities must be substantially completed and in operation; to provide an effective date; to repeal conflicting laws; and for other purposes.

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:

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

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

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

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

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

The following communication was received by the Secretary:

Upon the vote on HB 1149 my vote was Yea. The total Board did not record my vote. Please correct the Journal to reflect my favorable vote to HB 1149.

/s/ Mike Crotts 17th District

Senator Walker of the 22nd moved that the Senate adjourn until 9:30 a.m. tomorrow. The motion prevailed, and the President announced the Senate adjourned at 12:22 p.m.

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Senate Chamber, Atlanta, Georgia Wednesday, February 23, 2000 Twenty-fourth Legislative Day
The Senate met pursuant to adjournment at 9:30 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1542.

By Representatives Buck of the 135th, Taylor of the 134th, 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 penalties for violations of ordinances.

HB 1079.

By Representative Shanahan of the 10th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to the governments, so as to define certain terms; to provide that all public works construction contracts entered into by a governmental agency shall be in writing and entered into minutes.

HB 1447.

By Representatives Martin of the 145th, Jones of the 71st, Williams of the 114th and others:
A bill to amend Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practice of pharmacy, so as to provide for qualifications for pharmacists authorized to modify drug therapy; to provide for statutory construction; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for definitions; to provide that physicians may delegate to certain pharmacists the authority to modify drug therapy subject to certain conditions.

HB 708. HB 1321.

By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of actions and service, so as to authorize waiver of service of a summons; to provide that waiving service does not waive any objection to venue or personal jurisdiction; to provide for a duty to avoid unnecessary costs in serving a summons.
By Representatives Royal of the 164th and Shanahan of the 10th:
A bill to amend Code Section 36-81-3 of the Official Code of Georgia Annotated, relating to fiscal years of local governments, so as to extend the time period in which the Department of Community Affairs and local governments shall be required to adopt and use certain initial uniform charts of accounts.

Wednesday, February 23, 2000

515

HB 304.

By Representatives Porter of the 143rd and Parham of the 122nd:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts and violations of ordinances of counties and state authorities, and Code Section 16-7-21 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass, so as to authorize magistrate courts to impose 12 months' imprisonment for violations of county ordinances and ordinances of state authorities.

HB 1391.

By Representatives Birdsong of the 123rd, Smith of the 109th, Murphy of the 18th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the definition of the term "employee"; to provide that a member of the State Defense Force serving on state active duty in certain circumstances is an employee; to change the definition of the term "injury"; to provide that an injury arising in the course of employment includes any injury incurred by a member of the Georgia National Guard or State Defense Force while serving on state active duty or when traveling to and from state active duty.

HB 1349.

By Representatives Jennings of the 63rd, Buck of the 135th, Smith of the 12th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the rate of interest paid with respect to certain refunds; to change the rate of interest with respect to income tax overpayments; to change the rate of interest paid with respect to certain estimated income tax overpayments.

HB 1409.

By Representatives Lane of the 146th, Morris of the 155th, Poag of the 6th and others:

A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to define a certain term; to provide that the Department of Natural Resources may issue permits to trap, transport and release, or kill wildlife under certain circumstances where such action is otherwise prohibited by law.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 484. By Senator Thompson of the 33rd:

A bill to be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the provisions relating to child abuse protocol committees; to change the definition of certain terms and to define additional terms; to provide that a child abuse protocol committee shall adopt a written child abuse protocol and file it with the Georgia State Child Fatality Review Panel; to change the provisions relating to annual reports of a child abuse protocol committee; to provide for the establishment of local multidisciplinary, multiagency child fatality review teams, their membership, and authority; to provide additional procedures in connection with investigations of the deaths of children; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations (General).

SB 485. By Senators Hill of the 4th, Thomas of the 10th, Williams of the 6th and others:

A bill to be entitled an Act to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to provide

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that no person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; to define a certain term; to provide exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
SB 486. By Senators Kemp of the 3rd and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts, so as to prohibit the issuance of mutual protective orders in cases of family violence unless each party has complied with the provisions of Code Section 19-13-4; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 487. By Senators Kemp of the 3rd, Meyer von Bremen of the 12th and Madden of the 47th:
A bill to be entitled an Act to amend Code Section 5-6-46 of the O.C.G.A., relating to supersedeas, bonds, and the surety's liability, so as to provide for a limitation on the supersedeas bond for the punitive damages portion of a civil judgment; to provide for rescission of such limitation or waiver; to provide for waiving the filing of a supersedeas bond as to an award for punitive damages; to amend Code Section 9-12-134 of the O.C.G.A., relating to appeal or stay of foreign judgment, so as to clarify that a foreign judgment shall be stayed because an appeal is pending or will be taken or the time for filing an appeal has not expired; to provide that a foreign judgment shall be stayed until appeals are concluded or the time for taking an appeal has expired; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 488. By Senators Brown of the 26th, Fort of the 39th and James of the 35th:
A bill to be entitled an Act to amend Code Section 17-10-2 of the Official Code of Georgia Annotated, relating to presentence hearings in felony cases, so as to provide that identification of an illicit seller or distributor of a controlled substance or marijuana is a mitigating circumstance in certain circumstances; to provide a definition; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 489. By Senators Jackson of the 50th, Lee of the 29th and Butler of the 55th:
A bill to be entitled an Act to amend Code Section 42-2-8 of the Official Code of Georgia Annotated, relating to the additional duties of the commissioner of corrections, so as to provide that the commissioner is authorized to accept on behalf of and for the benefit of the Department of Corrections gifts, grants, donations, property, and services; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
SB 490. By Senators Burton of the 5th, Ladd of the 41st and Thomas of the 10th:
A bill to be entitled an Act to provide for a homestead exemption from certain DeKalb County 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 base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Wednesday, February 23, 2000

517

Referred to the Committee on Finance and Public Utilities.
SB 491. By Senators Burton of the 5th, Ladd of the 41st and Thomas of the 10th:
A bill to be entitled an Act to provide for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SR 596. By Senator Ray of the 48th:
A resolution expressing condolences for the Duffner family and urging consideration of public policy issues concerning motor vehicle safety; and for other purposes.
Referred to the Committee on Special Judiciary.
SR 610. By Senators James of the 35th, Harbison of the 15th, Scott of the 36th and others:
A resolution relating to the treatment of labor organizations by local boards of education; and for other purposes.
Referred to the Committee on Rules.
SR 611. By Senators James of the 35th, Tate of the 38th, Harbison of the 15th and others:
A resolution encouraging motorists in the State of Georgia to observe good judgment in the use of cellular mobile telephones while driving; and for other purposes.
Referred to the Committee on Transportation.
The following bills of the House were read the first time and referred to committees:
HB 304. By Representatives Porter of the 143rd and Parham of the 122nd:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts and violations of ordinances of counties and state authorities, and Code Section 167-21 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass, so as to authorize magistrate courts to impose 12 months' imprisonment for violations of county ordinances and ordinances of state authorities; and for other purposes.
Referred to the Committee on Judiciary.
HB 708. By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of actions and service, so as to authorize waiver of service of a summons; to provide that waiving service does not waive any objection to venue or personal jurisdiction; to provide for a duty to avoid unnecessary costs in serving a summons; and for other purposes.
Referred to the Committee on Special Judiciary.

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HB 1079. By Representative Shanahan of the 10th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to the governments, so as to define certain terms; to provide that all public works construction contracts entered into by a governmental agency shall be in writing and entered into minutes; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
HB 1321. By Representatives Royal of the 164th and Shanahan of the 10th:
A bill to be entitled an Act to amend Code Section 36-81-3 of the Official Code of Georgia Annotated, relating to fiscal years of local governments, so as to extend the time period in which the Department of Community Affairs and local governments shall be required to adopt and use certain initial uniform charts of accounts; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1349. By Representatives Jennings of the 63rd, Buck of the 135th, Smith of the 12th and others:
A bill to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the rate of interest paid with respect to certain refunds; to change the rate of interest with respect to income tax overpayments; to change the rate of interest paid with respect to certain estimated income tax overpayments; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1391. By Representatives Birdsong of the 123rd, Smith of the 109th, Murphy of the 18th and others:
A bill to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the definition of the term "employee"; to provide that a member of the State Defense Force serving on state active duty in certain circumstances is an employee; to change the definition of the term "injury"; to provide that an injury arising in the course of employment includes any injury incurred by a member of the Georgia National Guard or State Defense Force while serving on state active duty or when traveling to and from state active duty; to provide a method for computing the average weekly wage of a member of the State Defense Force serving on state active duty; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
HB 1409. By Representatives Lane of the 146th, Morris of the 155th, Poag of the 6th and Stokes of the 92nd:
A bill to be entitled an Act to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to define a certain term; to provide that the Department of Natural Resources may issue permits to trap, transport and release, or kill wildlife under certain circumstances where such action is otherwise prohibited by law; to provide that the department shall specify such conditions upon such permits as the department deems necessary; to provide an exception; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1447. By Representatives Martin of the 145th, Jones of the 71st, Williams of the 114th and others:
A bill to be entitled an Act to amend Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practice of pharmacy, so as to provide for qualifications for pharmacists

Wednesday, February 23, 2000

519

authorized to modify drug therapy; to provide for statutory construction; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for definitions; to provide that physicians may delegate to certain pharmacists the authority to modify drug therapy subject to certain conditions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 1542. By Representatives Buck of the 135th, Taylor of the 134th, Davis of the 132nd and others:
A bill to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to change certain provisions regarding penalties for violations of ordinances; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Defense, Science and Technology has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 465. Do pass by substitute. SB 444. Do pass. SR 406. Do pass.

Respectfully submitted, Senator Polak of the 42nd District, Chairman

Mr. President:

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

HB 20. HB 441. HB 1159. HB 1217. SB 453. SB 455.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

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

SB 373. Do pass by substitute. SB 381. Do pass. SR 459. Do pass by substitute. SB 391. Do pass.

Respectfully submitted, Senator Stokes of the 43rd District, Chairman

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Mr. President:

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

SB 408. SB 432. SB 438. HB 1184. HB 1286.

Do pass. Do pass by substitute. Do pass. Do pass. Do pass by substitute.

Respectfully submitted, Senator Madden of the 47th District, Chairman

Mr. President:

The Committee on Retirement 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 45. Do pass by substitute. HB 908. Do pass. HB 988. Do pass.

Respectfully submitted, Senator Huggins of the 53rd District, Chairman

Mr. President:

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

SR 344. SR 351. SR 123. SR 87. SR 374. HB 658. SR 35. SR 511.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations 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 1395. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

Wednesday, February 23, 2000

521

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

SB 366. SR 519. SR 515. SR 541. SR 542. HR 621. HR 754. HR 849.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Streat of the 19th District, Chairman

Mr. President:

The Committee on Veterans and Consumer Affairs has had under consideration the following bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1273. Do pass. HR 1029. Do pass.

Respectfully submitted, Senator Harbison of the 15th District, Chairman

The following bills were read the second time:

SB 412 SB 450 HB 1158 HB 1162 HB 1187

Senator Thompson of the 33rd moved that Senator Lee of the 29th be excused. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Lee was excused.

Senator Jackson of the 50th moved that Senator Butler of the 55th be excused. On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Butler was excused.

The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Broun Brown Burton Cable Cagle Cheeks Crotts Dean Fort Gillis Gingrey

Hecht Hill Hooks Huggins Jackson James Kemp Ladd Lamutt Land Madden Marable Meyer v Bremen Perdue

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

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Guhl Harbison

Polak Price,R

Williams

Those not answering were:

Brush Butler (excused) Egan Golden Johnson, E. Lee (excused) Scott Thomas, N.

The members pledged allegiance to the flag.

Prayer was offered by Reverend Mark Harris, pastor of Curtis Baptist Church, Augusta, Georgia.

Senator Thompson of the 33rd introduced Jaclyn Pell, commended by SR 552, adopted previously.

The following resolutions were read and adopted:

SR 597. By Senator Crotts of the 17th:

A resolution commending Bishop Jim Earl Swilley; and for other purposes.

SR 598. By Senators Crotts of the 17th:

A resolution commending Erik Magnuson; and for other purposes.

SR 599. By Senators Crotts of the 17th and Stokes of the 43rd:

A resolution commending Bishop Earl Paulk; and for other purposes.

SR 600. By Senators Land of the 16th, Harbison of the 15th, Gillis of the 20th and others:

A resolution expressing regret at the passing of Honorable Harry Cook Jackson; and for other purposes.

SR 601. By Senator Thomas of the 2nd:

A resolution recognizing and commending Jonesville Baptist Church of the Pentecostal Assemblies of the World; and for other purposes.

SR 602. By Senators Thomas of the 2nd and Johnson of the 1st:

A resolution recognizing and commending Honorable Lawton C. Smith, Jr.; and for other purposes.

SR 603. By Senators Brown of the 26th and Cable of the 27th:

A resolution recognizing and commending Dr. Joseph M. Hendricks of Mercer University; and for other purposes.

Wednesday, February 23, 2000

523

SR 604.

By Senators Brown of the 26th and Cable of the 27th:
A resolution honoring the extraordinary life and career of the Honorable William Augustus Bootle; and for other purposes.

SR 605. By Senator Cable of the 27th: A resolution commending and congratulating Pam Perry; and for other purposes.
SR 606. By Senator Cable of the 27th: A resolution commending and congratulating Mr. Tyrone Bacon; and for other purposes.
SR 607. By Senator Cable of the 27th: A resolution commending and congratulating Elizabeth A. Sammons; and for other purposes.
SR 608. By Senator Cable of the 27th: A resolution commending and congratulating Patricia Hayes; and for other purposes.
SR 609. By Senators Cable of the 27th, Brown of the 26th and Perdue of the 18th: A resolution commending Nu-Way Weiners, Inc.; and for other purposes.
SR 612. By Senator Price of the 56th: A resolution recognizing and celebrating March 1, 2000, as Saint David's Day in the State of Georgia; and for other purposes.
The following local, uncontested bill, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR Wednesday, February 23, 2000 Twenty-fourth Legislative Day
(The name listed with the bill is the Senator whose district is affected by the legislation.)

HB 1395

Hooks of the 14th CITY OF FORT VALLEY

A bill to be entitled an Act to amend an Act providing a new charter for the City of Fort Valley, approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, so as to change the corporate limits of the City of Fort Valley by annexing certain territory into the city; to repeal conflicting laws; and for other purposes.

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

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

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Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the local bill, the yeas were 53, nays 0.

The bill on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

SENATE RULES CALENDAR

Wednesday, February 23, 2000 TWENTY-FOURTH LEGISLATIVE DAY

SR 569 Boat and Motor Title and Ad Valorem Taxation Study Committee-create (F&PU-44th) SB 387 Recording Phone Calls of Child Under 18 by Parent-provisions (Substitute)(Judy-56th)

(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 22, 2000.)

SB 350 Architecture-revise laws (Substitute)(F&PU-22nd)

SB 372 Ethics-no use of state employee services to further candidacy (Substitute)(Ethics-1st)

SR 472 Dewey D. Vaughn Memorial Bridge-designate (Substitute) (Trans-33rd)

HB 272 Income tax credit; certain low-income housing; certain capital gain (F&PU-1st) Buck-135th SB 375 Food Sales/Service Establishments-definitions, inspections (Substitute) (Ag-11th)

SR 538 Sales and Use Tax-urging simplicity, fairness to sellers (F&PU-47th)

HB 1258 Retirement and Pensions Code; corrections (S Judy-40th) Martin-47th
SB 342 Motorcycle Headgear, Eye-Protective Devices-certain violations not criminal act (Amendments) (Pub Saf-24th)

SB 309 Ad Valorem Tax-evaluation, revaluation provisions certain cities (Substitute)(F&PU-42nd)

HB 1192 Trailers or semi-trailers; brake requirements; exemption (Substitute) (Trans-33rd) Wix-33rd

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525

HB 1181 Controlled substances and dangerous drugs; amend lists (S Judy-40th) Parham-122nd

HB 684 Homestead exemption; disabled veterans; clarify exemption amount (F&PU-41st) Birdsong-123rd

HB 1137 Revenue Code; conform to federal law (F&PU-31st) Buck-135th (ENGROSSED IN HOUSE)

SR 525 National Forensic Sciences Improvement Act-urge Congress enact (Pub Saf-13th)

HB 172 Division of Rehabilitation Services; transfer from DHR to Labor Department (Substitute) (I&L-47th) Coleman-142nd

HB 799 Peace Officers' Annuity and Benefit; reemployment of retirees (Ret-37th) Jamieson-22nd

Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee

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

SR 569. By Senators Starr of the 44th, Walker of the 22nd and Dean of the 31st:

A resolution creating the Senate Boat and Motor Title and Ad Valorem Taxation Study Committee; and for other purposes.

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 Y Brown 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
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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The following general bill of the Senate, having been read the third time and final action suspended on February 22, 2000, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 387. By Senators Price of the 56th and Hecht of the 34th:

A bill to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide that a parent or guardian of a child under the age of 18 years who has a good faith, objectively reasonable basis for concern that such child is the victim of the criminal conduct of another may consent on behalf of the child for recording and divulging a telephonic conversation or an electronic communication between the child and one or more persons; to provide that such recording shall be admissible into evidence; to repeal conflicting laws; and for other purposes.

The substitute offered by Senators Price of the 56th and Kemp of the 3rd on February 22, as it appears in the Journal of February 22, was automatically reconsidered and put upon its passage.

On the adoption of the substitute, the yeas were 30, nays 1, and the Price of the 56th, Kemp substitute was adopted.

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

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

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

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

On the passage of the bill, the yeas were 51, nays 1.

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

SB 350.

By Senators Walker of the 22nd, Johnson of the 1st and Polak of the 42nd:
A bill to be entitled an Act to amend Chapter 4 of Title 43 of the O.C.G.A., relating to architects, so as to comprehensively revise the law relating to the practice of architecture in this state; to change and add definitions; to create the Georgia State Board of Architects and Interior Designers; to provide for the election of a vice president of such board; to provide for qualifications of applicants who seek to be registered architects; to provide for restrictions on the practice of architecture; to provide for renewals of registration; to provide for the power of the board to revoke registrations; to define what structures

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need the seal of an architect; to provide for exceptions, enforcement, and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Finance and Public Utilities Committee offered the following substitute to SB 350:
A BILL
To be entitled an Act to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to comprehensively revise the law relating to the practice of architecture in this state; to change and add definitions; to create the Georgia State Board of Architects and Interior Designers; to provide for the election of a vice president of such board; to provide for qualifications of applicants who seek to be registered architects; to provide for restrictions on the practice of architecture; to provide for renewals of registration; to provide for the power of the board to revoke registrations; to define what structures need the seal of an architect; to provide for exceptions, enforcement, and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, is amended by striking Article 1, relating to general provisions, and inserting in lieu thereof a new article to read as follows:
"ARTICLE 1
43-4-1.
As used in this chapter, the term:
(1) 'Architect' means an individual technically and legally qualified to engage in the practice of architecture.
(2) 'Architectural construction contract administration services' shall include at a minimum the following services:
(A) Visiting the construction site on a regular basis to determine that the work is proceeding in accordance with the technical submissions submitted to the building official at the time the building permit was issued; and
(B) Processing shop drawings, samples, and other submissions required of the contractor by the terms of construction contract documents.
(1)(3) 'Board' means the Georgia State Board of Architects and Interior Designers.
(2)(4) 'Building' means any structure consisting of foundation, floors, walls, columns, girders, beams, and roof or a combination of any of these parts, with or without other parts or appurtenances.
(5) 'Building official' shall mean the person appointed by the county, municipality, or other political subdivision of the state having jurisdiction over a project to have principal responsibility for the safety of the project as finally built, or a state fire marshal where there is not such local official.

(3)-'Practice of architecture' means the rendering or offering to render services in connection with the design of any building or group of buildings or the design of alterations or additions thereto. Such services shall include consultation, planning, analyses, preliminary studies, designs, drawings and specifications, architectural administration of construction contracts, and any other function in connection with such services.
(6) 'Practice of architecture' means the rendering of or offer to render the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings and the space within and

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surrounding such buildings, which may have human occupancy or habitation: planning, providing preliminary studies, designs, drawings, specifications and other technical submissions, the architectural administering of construction contracts, and coordinating elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers, registered interior designers, and landscape architects. As part of the practice of architecture, a registered architect may perform such engineering work as is incidental to his or her work. Nothing in this paragraph shall be construed to prohibit a licensed engineer from coordinating technical submittals related to the practice of engineering.
(7) 'Registered architect' means a person who is technically and legally qualified and currently registered with the board to practice architecture in the State of Georgia.
(8) 'Registered interior designer' means a person who is registered under Article 2 of this chapter as being qualified by education, experience, and examination to use the title 'registered interior designer' in the State of Georgia and as further defined in Code Section 43-4-30.
(9) 'Registration' means the certificate of registration issued by the board.
(10) 'Responsible control' means the amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the required professional standard of care, as defined by rules and regulations adopted by the board.
(11) 'Technical submissions' means designs, drawings, specifications, studies, and other technical reports prepared in the course of practicing architecture.
43-4-2.
There is created the Georgia State Board of Architects and Interior Designers, which shall be composed of seven appointive nine appointed members. Six of the members shall be registered practicing architects who hold a current license in this state and who shall be residents of this state. and the seventh Two members shall be registered interior designers who are residents of this state and who have been interior designers for at least ten years immediately preceding the appointment and who shall have passed an examination approved by the board. One member shall be a resident of this state and shall have no connection whatsoever with the practice or profession of architecture or interior design. The members of the predecessor State Board of Architects including the interior designer members who were formerly only full voting members for purposes of Article 2 of this chapter in office on June 30, 2000, shall be members of the Georgia State Board of Architects and Interior Designers and shall serve out the remainder of their respective terms and until their successors are appointed and qualified. The citizen member who is not a practicing architect or interior designer may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of architects or interior designers in this state. The Governor shall appoint successors to the present members of the board, as their respective terms of office expire, for a term of office of five years each. The successor members so appointed shall possess the qualifications specified in this Code section and shall be confirmed by the Senate as provided in Code Section 43-1-16. In case a successor is not appointed at the expiration of the term of any member, such member shall hold office until his or her successor has been duly appointed and qualified. Any vacancy occurring in the membership of the board shall be filled by the Governor for the unexpired term, and such member shall be confirmed by the Senate as provided in Code Section 43-1-16 .
43-4-3.
The members of the board, before entering upon the discharge of their duties, shall subscribe to and file with the Secretary of State the constitutional oath of officers.
43-4-4.
The board shall elect from its membership a president and a vice president.
43-4-5.

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The joint-secretary shall keep a true record of all proceedings of the board.
43-4-6.
Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
43-4-7.
The board, or any member designated by the board, may confer with similar boards of other states or attend meetings or conferences for the purpose of obtaining information for the advancement of the profession and standards thereof.
43-4-8.
The board shall be charged with the duty of enforcing this chapter and may incur such expenses as shall be necessary, all of which expenses shall be paid as provided in Chapter 1 of this title.
43-4-9.
The board shall adopt all necessary rules, regulations, and standards of conduct, not inconsistent with this chapter and the Constitution and laws of this state and of the United States, to carry out this chapter and to safeguard life, health, and property.
43-4-10.
(a)-An architect within the meaning of this article is an individual technically and legally qualified to practice architecture and who is authorized under this article to practice architecture.
(b)(a) Except as otherwise provided in this article, no person shall practice architecture in this state or use the title 'architect' or 'registered architect' or any word, letter, figure, or any other device indicating or intending to imply that he or she is an architect without having qualified as required by this article unless he or she holds a current registration as an architect in this state.
(c)(b) No firm, sole proprietorship, partnership, limited liability company, corporation, or other similar organization shall be registered as architects. Firms, sole proprietorships, partnerships, limited liability companies, and corporations may practice architecture, as defined by this article, and perform the services heretofore enumerated common to the practice of architecture, provided that all such work and services are performed under the personal direction responsible control of an architect registered in this state who is a director, in the case of a corporation, or who is a partner, in the case of a partnership, or who is a member, in the case of a limited liability company, or who is an employee with an ownership interest who has been designated in writing as holding a position of authority within the firm which authorizes him or her to direct the architectural services offered by that firm; and provided, further, that the administration of construction contracts shall be under the personal direction responsible control of the such registered architects architect and that such plans, drawings, and specifications shall be prepared under the personal direction responsible control of such registered architects architect and bear their the architect's individual signatures and seals signature and seal. Every firm, partnership, limited liability company, and corporation performing architectural services as described in this article shall submit, as required by the rules of the board, a certification in a form provided by the board in which information shall be fully set forth concerning the firm, partnership, limited liability company, or corporation engaged in the practice of architecture.
43-4-11.
(a) Any person who is at least 21 years of age may apply through the joint-secretary to the board for such examinations as are required for certification under this article if qualified as set forth in subsection (b) of this Code section;, or any person who has been registered as an architect by another jurisdiction may apply for a certificate of registration if qualified as set forth in subsection (c) of this Code section. No person shall be eligible for registration

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as an architect who has been found guilty by the board of to have committed any of the acts set forth in this article for which an architect's certificate might be revoked or suspended unless that individual establishes to the satisfaction of the board that he or she has fully reformed.
(b) The examinations shall be the examinations prepared in accordance with the outline prescribed and graded by the National Council of Architectural Registration Boards (NCARB). The board may obtain advice and assistance in preparing and grading such examinations and the joint-secretary, with approval of the board, may contract with third parties to perform administrative services with respect to the examinations as he deems appropriate. The candidate for examination shall submit to the board satisfactory evidence of one of the following qualifications:
(1) A professional degree in architecture from a school or college approved by the National Architectural Accrediting Board and at least three years of practical experience as the board, by rules and regulations uniformly applied, shall deem appropriate. An advanced degree in architecture from a school or college approved by the National Architectural Accrediting Board may be accepted in lieu of a maximum of one year of the required practical experience; The board may adopt as its rules and regulations those guidelines published from time to time by the National Council of Architectural Registration Boards;
(2) A minimum of ten years' practical experience, including academic training, following completion of high school or the equivalent thereof, as the board, by rules and regulations uniformly applied, shall deem appropriate. An individual who intends to qualify as a candidate for examination under the provisions of this paragraph shall notify the board of such intent in writing prior to July 1, 1985. After July 1, 1985, all candidates for examination shall meet the requirements of paragraph (1) of this subsection; provided, however, that those candidates and only those candidates who have met the requirements of this paragraph shall be admitted as a candidate for examination; or
(3) A bachelor's degree in architectural engineering technology from a school or college in this state approved by the Accrediting Board for Engineering and Technology, or any other bachelor's degree with a substantial concentration in architecture approved by the board from a board approved school or college in this state, and at least six years of practical experience as the board, by regulations uniformly applied, shall deem appropriate. An individual who intends to qualify as a candidate for examination under the provisions of this paragraph shall notify the board of such intent in writing prior to July 1, 2003. After July 1, 2003, all candidates for examination shall meet the requirements of paragraph (1) of this subsection.
(c) The applicant for a certificate of registration shall meet the experience requirements who has met the educational and training requirements set forth in paragraph (1), o r (2), or (3) of subsection (b) of this Code section and who has been registered as an architect by another jurisdiction shall hold a National Council of Architectural Registration Boards' certificate and a certificate of registration in the county, state, or territory of residency such other jurisdiction, both of which shall be current and in good standing. Such application must be accompanied by a council record prepared by the National Council of Architectural Registration Boards and such other evidence as the board may require.
(d) The board may require applicants under subsection (c) of this Code section to appear before the board and to furnish satisfactory to provide such other evidence of as the board may require to demonstrate knowledge of professional practice.
43-4-12.
The filing, recording, and renewal of all examination papers and other evidences of qualification submitted by each applicant shall be filed with the board through the joint-secretary. Except as provided in subsection (k) of Code Section 43-1-2, the joint-secretary shall keep a record, open to public inspection at all reasonable times, of the proceedings of the board relating to the issuance, refusal, renewal, suspension, and revocation of certificates of registration. A certificate of registration as a registered architect shall be valid for two years and shall be renewed biennially as provided by rule of the board. It is unlawful to identify oneself as being able to practice architecture in this state without a current and valid registration in this state. An applicant for a renewal of a certificate of registration shall meet such professional development requirements as the board may require by rule or regulation. Such rule or regulation shall describe professional development activities acceptable to the board and the form of documentation of such activities required by the board. The board shall be authorized to waive the professional

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development requirement in cases of hardship, disability, age, illness, or under such other circumstances as the board deems appropriate. Failure to meet the minimum qualifications for renewal of a license shall be grounds for denial of a renewal application.
43-4-13.
(a) In addition to the authority provided in Code Section 43-1-19, the The board shall have the power to suspend or revoke the certificate of registration or reprimand any registrant who is found guilty of the following by the board to have:
(1) Committed The commission of any fraud, deceit, or misrepresentation in obtaining a certificate of registration;
(2) Committed any Any gross negligence, incompetence, unprofessional conduct, or recklessness in his or her professional practice;
(3) Permitted Permitting the use of his or her seal by any firm, partnership, limited liability company, or corporation without complying with the provisions of Code Section 43-4-10 as to his or her personal direction and supervision of architectural services performed by such firm, sole proprietorship, partnership, limited liability company, or corporation or the provisions of Code Section 43-4-16;
(4) Been convicted The conviction by any court of record of the United States of any act which would constitute a felony or a crime involving moral turpitude in this state or a plea of nolo contendere or the affording of first offender treatment to any such charge; or
(5) Violated Any violation of this article or any rule, regulation, or standard of conduct promulgated by the board pursuant to the powers conferred upon it by this article.
(b) Prior to revoking or suspending a registrant's certificate, the board shall provide for a hearing into the charges against the registrant. The board shall issue a notice of hearing to the registrant in compliance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' at least ten days prior to the hearing. The hearing will be conducted in accordance with the procedures set forth in Chapter 13 of Title 50 and this article.
(c) The board may reinstate a registration to any person whose registration has been revoked who has met the qualifications for reinstatement. Application for the reissuance of said registration shall be made in such a manner as the board may direct and shall be accompanied by a fee established by the board. Neither the denial of a request for reinstatement of a revoked registration nor the refusal to issue a previously denied registration shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-4-14.
In order to safeguard life and property, no person shall be allowed to practice architecture unless he has the qualifications and competency required by this article. Nothing contained in this article shall prevent draftsmen, students, project representatives, administrators, and other employees of those lawfully practicing as registered architects under this article from acting under the instructions, control, or direction of their employers. No person shall be required to register as an architect in order to make plans and specifications for or supervise the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any one-family or two-family residence buildings, regardless of cost, or any domestic out-building appurtenant to any such one-family or twofamily residences regardless of cost, or of any other type building costing less than $100,000.00 (except schools, auditoriums, or other buildings intended for the mass assemblage of people or group housing projects whether they be single, double, or multifamily). Nothing in this article shall be held to prevent registered professional engineers or their employees or subordinates under their responsible supervising control from performing architectural services which are purely incidental to their engineering practice; provided, however, that registered architects or their employees or subordinates under their responsible supervising control may perform engineering services which are purely incidental to their architectural practice. However, no professional engineer shall practice architecture or use the designation 'architect' or any term derived therefrom unless registered under this article; and no architect shall

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practice professional engineering or use the term 'engineer' or any term derived therefrom unless he also is qualified and registered as an engineer as provided by law. Otherwise, any person who is engaged in the planning or design for the erection, enlargement, or alteration of any building or group of buildings for others or furnishing architectural administration of construction contracts thereof shall be deemed to be practicing architecture and be required to register under this article and to secure all renewals of such registration as a condition precedent to his so doing.
(a) In order to safeguard health, safety, and welfare, no person shall be allowed to practice architecture unless he or she has the qualifications and competency required by this article. Any person who is practicing architecture as defined in paragraph (6) of Code Section 43-4-1 shall be required to register under this article and to secure all renewals of such registration before beginning or continuing to practice architecture.
(b) The following structures do not require the seal of a registered architect:
(1) One and two-family residences and domestic outbuildings regardless of cost;
(2) Any building classified as an agricultural occupancy upon any farm for the use of any farmer;
(3) Buildings and structures where such building or structure does not exceed 2,000 square feet in total gross floor area, except new or existing assembly occupancies, educational occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, and care facilities;
(4) Preengineered metal buildings and structures classified, with respect to ordinary hazard use, as storage use and not for human habitation that do not exceed 5,000 square feet in total gross floor area and are one story in height; and
(5) Nonload-bearing interior construction in existing or planned office structures which were designed by a registered architect, where drawings and specifications are prepared by a Georgia registered interior designer who also submits to the responsible building official a notarized and signed statement on letterhead from a person in a position of authority within the interior design firm certifying that the plans and specifications as submitted are in full compliance with the current building codes and regulations in effect.
(c) The following persons are exempt from registration as an architect in this state:
(1) A nonresident who holds a license to practice architecture in the state or country in which he or she resides and holds an NCARB certificate, but who is not registered in this state, may offer architectural services in a response to a request for qualifications, an interview, or a design competition only. Any offering or practice beyond this exception shall require registration as an architect in Georgia;
(2) An employee of a registered architect or firm under subsection (b) of Code Section 43-4-10 who is not in charge of design or supervision and who works under the supervision of a registered architect;
(3) An employee of the United States government while working in the scope of his or her employment for the United States government;
(4) A registered professional engineer or his or her employee or subordinate under his or her responsible supervising control may perform architectural services which are incidental to such engineering practice; provided, however, that no professional engineer shall practice architecture or use the designation 'architect' or any term derived therefrom unless registered under this article.
(d) Nothing in this article shall be construed to prohibit interior designers from performing services authorized by Article 2 of this chapter.
(e) Nothing in this article shall be construed to prohibit a general contractor for construction from offering to perform a design-build contract; provided, however, that such offer shall clearly indicate at the time of such offer

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that all design services shall be performed by a duly licensed and registered architect or engineer in compliance with all other provisions of this chapter.
43-4-15.
Except as provided in Code Section 25-2-14, it shall be the duty of all public officials charged with the responsibility of enforcing codes related to the construction of buildings to require compliance with Code Section 43-4-14 before architectural plans, drawings, and specifications are approved for construction. Except as provided in Code Section 25-2-14, no building subject to Code Section 43-4-14 and requiring the services of an architect shall be built without such approval prior to construction.
43-4-16.
As cumulative of any other remedy or criminal prosecution, whenever it appears to the board that any person, firm, partnership, limited liability company, or corporation is or has been violating any of the provisions of this article, or the lawful rules, regulations, or orders of the board, or any of the laws of this state relating to the practice of architecture, the board, on its own motion, may bring an action in its own name in the superior courts of this state alleging the facts and praying for a temporary restraining order and an injunction against such person, firm, partnership, limited liability company, or corporation, restraining him, her, or it from violating such law, order, rule, or regulation. Upon proof of such facts, the court shall issue a restraining order or injunction, or both, without requiring allegation or proof that the petitioner therefor has no adequate remedy at law.
(a) Every architect registered under this chapter shall have a seal in the design authorized by the board, bearing the registrant's name, certificate number, and the legends 'Registered Architect' and 'State of Georgia.'
(b) Plans, specifications, drawings, reports, or other architectural documents issued for the purpose of obtaining a building permit or for other requirements set forth by law shall be sealed by the architect and across the face of the seal shall be affixed the signature of the owner of the seal. The location of the seal on such documents, the identification of the pages which must be sealed, and the form of any title blocks may be established by the board in its rules and regulations.
(c)(1) No plans, specifications, drawings, reports, or other documents shall be sealed and signed by an architect unless:
(A) The architect has a current registration to practice in this state and is competent in the subject matter of the documents by virtue of education or experience or both; and
(B) The architect personally prepared the plans, specifications, drawings, reports, or other documents, or the plans, specifications, drawings, reports, or other documents were prepared under the architect's responsible control as provided in subsection (b) of Code Section 43-4-10.
(2) The architect has been given full authority in writing by the original architect to make document revisions and has made a substantive review and inspection of the documents with regard to the laws and regulations of this state, and the documents are prototypical drawings. For purposes of this paragraph, prototypical drawings are drawings that may be prepared by an architect licensed in any country or United States jurisdiction, that have been prepared in connection with the design of a commercial chain establishment, and that have been successfully constructed in other states or countries.
(d) The registered architect who signs and seals the plans, specifications, drawings, reports, or other documents shall be considered the architect of record.
(e) No registered architect shall affix his or her seal to any plan, specification, drawing, report, or other document unless he or she has assumed the responsibility for the accuracy and adequacy of the work involved.
(f) If the registered architect who sealed the technical submissions submitted to the building official at the time the building permit is issued has not been employed to furnish construction administration services, he or she shall so

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note on such technical submissions in such manner as defined by board rules. If the architect's responsibility for construction contract administration is terminated following the issuance of a building permit, the building official shall be notified by the architect in writing accordingly.
(g) Any violation of this Code section shall be grounds for the suspension or revocation of the registration of the architect.
(h) Nothing in this Code section shall be construed to prohibit a registered architect from sealing drawings or documents prepared by a registered interior designer when such registered architect has reviewed or supervised the preparation of the drawings or documents as provided in Code Section 43-4-33.
(i) Nothing in this Code section shall be construed to prohibit a licensed engineer from sealing engineering drawings and documents as provided in Code Section 43-4-14.
43-4-17.
(a) Any person who uses the title 'architect' or 'registered architect' or uses any word, letters, or figures indicating or intending to imply that the person using the same is an architect or registered architect without compliance with this article, or who makes any willfully false oath or affirmation in any matter or proceeding where an oath or affirmation is required by this article, or who practices architecture without compliance with this article shall be guilty of a misdemeanor.
(b) It shall be the duty of all duly constituted officers of the law of this state, or any political subdivision thereof, to enforce this article and to prosecute any persons violating this article. Upon application of any officer or citizen of this state complaining that this article has been violated by any person and upon proof of such violation, the superior courts of this state are authorized to and shall enjoin further violations of this article. This Code section shall not apply to any inmate in a penal institution in this state, while so confined, where work of the inmate is in the nature of rehabilitation.
43-4-17.1. 43-4-18.
(a) Notwithstanding any other provisions of the law to the contrary, upon the board determining that a person is violating the provisions of Code Section 43-4-17, the board may issue a cease and desist order prohibiting such person from further violating such Code section. A determination by the board may be made only after notice to such person is given and a hearing is held.
(b) The board shall be authorized to impose a civil fine not to exceed $500.00 $5,000.00 for each separate violation of a cease and desist order issued under subsection (a) of this Code section upon any person violating such order. For purposes of this subsection, each day a person is in violation of a cease and desist order issued under this Code section shall constitute a separate violation.
(c) Initial judicial review of any decision of the board made pursuant to this Code section or any action for enforcement thereof shall be available solely in the superior court of the county of domicile of the board.
(d) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.
43-4-19.
As cumulative of any other remedy or criminal prosecution, whenever it appears to the board that any person, firm, sole proprietorship, partnership, limited liability company, or corporation is or has been violating any of the provisions of this article, or the lawful rules, regulations, or orders of the board, or any of the laws of this state relating to the practice of architecture, the board, on its own motion, may bring an action in its own name in the superior courts of this state alleging the facts and praying for a temporary restraining order and an injunction against such person, firm, sole proprietorship, partnership, limited liability company, or corporation, restraining him, her, or it from violating such law, order, rule, or regulation. Upon proof of such facts, the court shall issue a restraining

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order or injunction, or both, without requiring allegation or proof that the petitioner therefor has no adequate remedy at law."

SECTION 2.

Said chapter is further amended by striking Code Section 43-4-31, relating to the administration of the article governing interior designers by the State Board of Architects, and inserting in lieu thereof a new Code section to read as follows:

"43-4-31.

(a) The Georgia State Board of Architects and Interior Designers shall grant certificates and administer the provisions of this article, except that, for the purposes of this article, there shall be two additional members of the board, each of whom shall be appointed by the Governor. The two additional members shall have been interior designers for at least ten years immediately preceding their appointment and shall have passed an examination approved by the board. The Governor shall appoint such additional members for terms of office beginning on July 1, 1992, with one member appointed for an initial term of four years and the other member for an initial term of five years and until their successors are appointed and qualified. Successors shall be appointed for terms of five years and until their successors are appointed and qualified. A vacancy in the office of any such additional member shall be filled by appointment of the Governor for the unexpired term. The appointment of such additional members by the Governor shall be subject to confirmation by the Senate as provided in Code Section 43-1-16.

(b)-The two additional members provided for in subsection (a) of this Code section shall be full voting members of the board only for the purposes of this article.

(c)-The and the board shall keep a registry of registered interior designers."

SECTION 3.

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

Senators Walker of the 22nd and Johnson of the 1st offered the following amendment:

Amend the Senate Finance and Public Utilities Committee substitute to SB 350 by adding at the end of line 12 on page 3 the following:

"The term shall not include an individual, partnership, or corporation offering interior decorating services, including, but not limited to, selection of surface materials, window treatments, wall coverings, paint, floor coverings, and lighting fixtures. "

On the adoption of the amendment, the yeas were 43, nays 0, and the Walker, Johnson amendment to the committee substitute was adopted.

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

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton

Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr

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

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

On the passage of the bill, the yeas were 51, nays 0.

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

Senator Thomas of the 54th introduced the doctor of the day, Dr. Bill McDaniel.

The Calendar was resumed.

SB 372. By Senators Johnson of the 1st, Cagle of the 49th, Lamutt of the 21st and others:

A bill to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to prohibit the use of services of state officers and employees during their working hours in furtherance of a candidacy; to prohibit campaign contributions and pledges and the solicitation thereof in government owned buildings; to prohibit the use of state aircraft and vehicles solely for campaign purposes; to require reimbursement when state aircraft or vehicles are used in part for official business and in part for campaign purposes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Ethics Committee offered the following substitute to SB 372:

A BILL

To be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to prohibit the use of services of state officers and employees during their working hours in furtherance of a candidacy; to prohibit campaign contributions and pledges and the solicitation thereof in government owned buildings; to prohibit solicitation of campaign contributions or pledges of contributions during legislative sessions by members of the General Assembly, public officers elected state wide, or campaign committees of such members of the General Assembly or public officers or their agents or representatives; to provide for exceptions; 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 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended by adding immediately after Code Section 21-5-30.2 a new Code Section 21-5-30.3 to read as follows:

"21-5-30.3.

(a) No person shall, in the furtherance of his or her candidacy for nomination or election to public office or on behalf of the candidacy of another, use or direct the use of the services of any state officer or employee during such officer's or employee's working hours.

Wednesday, February 23, 2000

537

(b) No person shall make, solicit, or knowingly accept any campaign contribution or pledge of a campaign contribution in a building owned by a government entity. This subsection shall not apply, however, when a government owned building or any portion thereof is rented for the specific purpose of holding a campaign fund raiser.

(c) Any person who knowingly violates this Code section shall be guilty of a misdemeanor."

SECTION 2.

Said chapter is further amended by striking Code Section 21-5-35, relating to acceptance of contributions during legislative sessions, and inserting in its place a new Code Section 21-5-35 to read as follows:

"21-5-35.

(a) No member of the General Assembly or that member's campaign committee or public officer elected state wide or campaign committee of such public officer shall accept a contribution during a legislative session. During a legislative session, no contribution or pledge of a contribution shall be solicited by and no contribution shall be accepted by:

(1) A member of the General Assembly;

(2) A public officer elected state wide; (3) A campaign committee of such member or officer; or

(4) An agent or representative of such member, officer, or campaign committee.

(b) Subsection (a) of this Code section shall not apply to:

(1) The receipt of a contribution which is returned with reasonable promptness to the donor or the donor's agent;

(2) The receipt and acceptance during a legislative session of a contribution consisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative session; or

(3) A judicial officer elected state wide or campaign committee of such judicial officer."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

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

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown

Y Harbison Y Hecht
Hill Y Hooks Y Huggins

Y Price,R Y Price,T Y Ragan Y Ray Y Scott

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JOURNAL OF THE SENATE

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 Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

Senator Burton of the 5th recognized members of the Rotary Club, commended by SR 498, adopted previously. The Calendar was resumed.

SR 472. By Senator Thompson of the 33rd:
A resolution designating the Dewey D. Vaughn Memorial Bridge; and for other purposes.
The Senate Transportation Committee offered the following substitute to SR 472:
A RESOLUTION
Designating the Dewey D. Vaughn Memorial Bridge; and for other purposes.
WHEREAS, Dewey David Vaughn was an esteemed and valued member of the community of Austell, Georgia; and
WHEREAS, he first moved to Austell in the 1920's; and
WHEREAS, in the early 1930's, he moved to what is now 5600 Austell Powder Springs Road, where he remained until his death in 1984; and
WHEREAS, he was a well-respected and popular businessman having successfully operated Vaughn's Barber Shop for over 55 years; and
WHEREAS, he served admirably as a member of the Austell City Council from 1953 to 1955 and was instrumental in helping to establish the Austell Gas System; and
WHEREAS, he loved his community and served it well, and it is abundantly appropriate that he be remembered and honored.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Buttermilk Creek at Highway 278 in Austell, Georgia, be designated as the Dewey D. Vaughn Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate locations designating such bridge.

Wednesday, February 23, 2000

539

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the family of Dewey D. Vaughn and the commissioner of transportation.

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

The report of the committee, which was favorable to the 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 Y Brown 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
Guhl

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

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

On the adoption of the resolution, the yeas were 50, nays 0.

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

HB 272. By Representatives Buck of the 135th, Royal of the 164th, Coleman of the 142nd and others:

A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain low-income housing; to exclude certain capital gains income from state taxable net income; and for other purposes.

Senate Sponsor: Senator Johnson of the 1st.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

February 2, 2000

The Honorable Tom Buck State Representative State Capitol, Room 228 Atlanta, Georgia 30334

SUBJECT:

Fiscal Note

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JOURNAL OF THE SENATE

House Bill 272 (LC18 0028S)
Dear Representative Buck:
This Bill would provide a credit against Georgia income taxes for taxpayers owning an interest in a federallyqualified housing project in Georgia. The credit would be equal in amount to the federal housing tax credit to which the taxpayer was entitled. The credit would be non-refundable and unused amounts could be carried forward for three years. The credit would become effective for tax-years beginning on or after January 1, 2001.
The Internal Revenue Service reports with a three-to five-year lag the dollar amount of federal housing credits claimed on federal income tax returns. However, the geographic distribution of the qualifying projects is not published. Accordingly, the allocation of credits to projects in Georgia has had to be made using a relationship developed for the 1986-1995 period between households with below-median incomes and federal housing credits nationally and between households with below-median incomes in Georgia and households with below-median incomes in the United States. Autocorrelation methods have then been applied to obtain an estimate of federal housing tax credits linked to Georgia projects in tax-year 2001.
This Bill would likely reduce the yield of the Georgia income tax in tax-year 2001 by between $5 and $7 million. The difference between Georgia and U.S. income tax rates means that the proposed Georgia credit would effectively remove from taxation about five times as much Georgia taxable income as the federal credit does federal taxable income.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Bill Tomlinson, Director Office of Planning and Budget

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 Y Brown 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,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

On the passage of the bill, the yeas were 53, nays 0.

Wednesday, February 23, 2000

541

The bill, having received the requisite constitutional majority, was passed.
SB 375. By Senators Ragan of the 11th, Meyer von Bremen of the 12th and Jackson of the 50th:
A bill to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change definitions and inspection and enforcement provisions relating to food sales establishments and food service establishments; to change the powers and duties of the Commissioner of Agriculture, the Department of Human Resources, and county boards of health; to repeal conflicting laws; and for other purposes.
The Senate Agriculture Committee offered the following substitute to SB 375:
A BILL
To be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change definitions and inspection and enforcement provisions relating to food sales establishments and food service establishments; to change the powers and duties of the Commissioner of Agriculture, the Department of Human Resources, and county boards of health; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by striking subsection (a) of Code Section 26-2-21, relating to definitions of terms used in the "Georgia Food Act," and inserting in its place the following:
"(a) As used in this article, the term:
(1) 'Commissioner' means the Commissioner of Agriculture.
(2) 'Contaminated with filth' applies to any food not securely protected from dust, dirt, and, as far as may be necessary, by all reasonable means, from all foreign or injurious contamination.
(3) 'Federal act' means the Federal Food, Drug, and Cosmetic Act (Title 21 U.S.C. Section 301, et seq., 52 Stat. Section 1040, et seq.).
(4) 'Food' means:
(A) Articles used for food or drink for human consumption;
(B) Chewing gum; and
(C) Articles used for components of any such articles.
(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business, and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. The food sales component of any food service establishment defined in Code Section 26-2-370 shall not be included in this definition. This term shall not include 'food service

542

JOURNAL OF THE SENATE

establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2;
(B) Lasts 120 hours or less; and
(C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted.
(6) 'Immediate container' does not include package liners.
(7) 'Label' means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under the authority of this article that any word, statement, or other information appear on the label shall not be considered to be complied with unless each such word, statement, or other information also appears on the outside wrapper or container, if there is any, of the retail package of such article, or is easily legible through the outside container or wrapper.
(8) 'Labeling' means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers or accompanying such article.
(9) 'Official compendium' means the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them.
(10) 'Person' means an individual, partnership, corporation, or association or any combination thereof."
SECTION 2.
Said chapter is further amended by striking Code Section 26-2-33, relating to enforcement of Article 2 of Chapter 2 of Title 26, known as the "Georgia Food Act," and inserting in its place the following:
"26-2-33.
(a) The Commissioner is charged with the duty of enforcing this article and rules, regulations, and standards adopted and promulgated under this article in establishments that have the majority of square footage of building floor space used for the operation of food sales as defined in Code Section 26-2-21. The measurement of square footage shall consider indoor and outdoor dining areas as part of food service as defined in Code Section 26-2-370. and he The Commissioner shall employ the necessary personnel and shall fix their compensation and prescribe their duties. Duly authorized representatives are authorized to enter upon and inspect the premises of any food sales establishment.
(b) Notwithstanding any other provision of this article, food service establishments as defined in Code Section 26-2370 shall be inspected and regulated under Article 13 of this chapter and shall not be subject to inspection or enforcement under this article."
SECTION 3.
Said chapter is further amended by striking Code Section 26-2-370, relating to definitions of terms relating to food service establishments, and inserting in its place the following:
"26-2-370.
As used in this article, the term:

Wednesday, February 23, 2000

543

(1) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; food vending machines and vehicles and operations connected therewith; and similar facilities by whatever name called. Within a food service establishment, there may be a food sales component, not separately operated. This food sales component shall be considered as part of the food service establishment. The This term 'food service establishment' shall not mean include a 'food sales establishment,' as defined in Code Section 26-2-21, which does not provide seating or facilities for consumption of food on the premises except as stated in this definition. The food service component of any food sales establishment defined in Code Section 26-2-21 shall not be included in this definition. This term also shall not mean establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of a fair or festival which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2;
(B) Lasts 120 hours or less; and
(C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted.
(2) 'Person' or 'persons' means any individual, firm, partnership, corporation, trustee, or association, or combination thereof."
SECTION 4.
Said chapter is further amended by striking Code Section 26-2-375, relating to enforcement of Article 13 of Chapter 2 of Title 26, relating to food service establishments, and inspection of food service and food sales establishments, and inserting in its place the following:
"26-2-375.
(a) The Department of Human Resources and the county boards of health, acting as duly authorized agents of the department, are authorized to enforce this article and rules, regulations, and standards adopted and promulgated under this article in establishments that have the majority of square footage of building floor space, including indoor and outdoor dining areas, used for the operation of food service as defined in Code Section 26-2-370. Their duly authorized representatives are authorized to enter upon and inspect the premises of any food service establishment as provided in Article 2 of Chapter 5 of Title 31.
(b) Notwithstanding any other provisions of this article, food sales establishments as defined in Code Section 26-221 which do not provide seating or facilities for consumption of food on the premises shall be inspected and regulated under Article 2 of this chapter and shall not be subject to inspection or enforcement under this article."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

544

JOURNAL OF THE SENATE

Y Balfour Y Blitch Y Bowen N Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

The following communication was received by the Secretary:

Dear Secretary of the Senate,

Due to other business, I was unable to cast my vote on SB 375. I want to serve notification, I do support SB 375.
Sincerely, /s/ Susan W. Cable 27th District

The Calendar was resumed.

SR 538. By Senator Madden of the 47th:

A resolution urging simplicity and fairness in the application of sales and use taxes to all sellers in Georgia; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

N Balfour Y Blitch Y Bowen
Broun Y Brown Y Brush N Burton Y Butler N Cable N Cagle

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd

N Price,R N Price,T Y Ragan
Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat

Wednesday, February 23, 2000

545

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

N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer v Bremen N Perdue Y Polak

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

On the adoption of the resolution, the yeas were 35, nays 18.

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

The following communication was received by the Secretary:

February 23, 2000

Be it known that I missed the vote on Senate Resolution 538 in the Georgia State Senate today due to my service elsewhere in the Capitol. As such, I would like my vote as to this matter recorded as a NAY.

Sincerely,

/s/ Billy Ray Georgia State Senator District 48

The Calendar was resumed.

HB 1258. By Representatives Martin of the 47th and Allen of the 117th:

A bill to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to 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; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Egan of the 40th.

The following Fiscal Note , as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S. W., Suite 214 Atlanta, Georgia 30334-8400

January 14, 2000

The Honorable Jim Martin State Representative State Capitol, Room 132 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 1258 (LC 9 0138)

546

JOURNAL OF THE SENATE

Dear Representative Martin:

This bill would 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. This bill would also correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards law. Sincerely,

/s/ Russell W. Hinton State Auditor

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Madden Y Marable Y Meyer v Bremen Perdue Y Polak

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

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

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

The following bill, having been read the third time on February 4, and Tabled, and taken from the Table on February 7, was put upon its passage:

SB 342. By Senators Brush of the 24th, Streat of the 19th, Marable of the 52nd and others:

A bill to be entitled an Act to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to provide that certain violations shall not be criminal acts, ordinance violations, or moving traffic violations; to specify a penalty for certain violations; to repeal conflicting laws; and for other purposes.

The following amendments offered on February 4, as they appear in the Journal of February 4, were read:

Wednesday, February 23, 2000

547

Senators Guhl of the 45th, Thomas of the 54th, Stephens of the 51st and Gingrey of the 37th offered the following amendment (#2):
Amend SB 342 on line 21 on page 1 change the line by striking "$15.00" and inserting in lieu thereof $500.00" on page 1 line 21 in its place.
Senator Guhl of the 45th asked unanimous consent that his amendment (#2) be withdrawn. The consent was granted, and the amendment was withdrawn.
Senators Hecht of the 34th, Polak of the 42nd, Johnson of the 1st and Lee of the 29th offered the following amendment (#3):
Amend SB 342 on line 21 on page 1 change the line by striking "$15.00" and inserting in lieu thereof "$250.00" on page 1 line 21 in its place.
Senator Hecht of the 34th asked unanimous consent that his amendment (#3) be withdrawn. The consent was granted, and the amendment was withdrawn.
Senators Thompson of the 33rd, Walker of the 22nd, Johnson of the 1st, et al. offered the following amendment (#5):
Amend SB 342 on line 21 on page 1 change the line by striking "$15.00" and inserting in lieu thereof "$100.00" on page 1, line 21 in its place.
Senator Thompson of the 33rd asked unanimous consent that his amendment (#5) be withdrawn. The consent was granted, and the amendment was withdrawn.
Senators Brush of the 24th and Thompson of the 33rd offered the following substitute to SB 342:
A BILL
To be entitled an Act to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to provide that certain violations shall not be criminal acts, ordinance violations, or moving traffic violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, is amended by adding a new subsection (e) to read as follows:
"(e) A person failing to comply with the requirements of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance. A violation of this Code section shall not be a moving traffic violation for purposes of Code Section 40-5-57."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 4, and the Brush, Thompson substitute was adopted.
Pursuant to Senate Rule 143, action on SB 342 was suspended, and the bill was placed on the Senate General Calendar.

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JOURNAL OF THE SENATE

SB 309. By Senator Polak of the 42nd:
A bill to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding the assessment, evaluation, and revaluation of ad valorem taxes in 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 population 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 coextensive with its boundaries; to change certain provisions regarding municipalities contracting with county tax commissioners to assess and collect municipal taxes; to repeal conflicting laws; and for other purposes.
The Senate Finance and Public Utilities Committee offered the following substitute to SB 309:
A BILL
To be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to change certain provisions regarding ascertainment of taxable property; to provide for certain assessment adjustments with respect to municipalities located in more than one county; to repeal certain provisions regarding additional boards of equalization 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; to repeal certain provisions regarding the assessment, evaluation, and revaluation of ad valorem taxes in 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 population 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 coextensive with its boundaries; to change certain provisions regarding appeals of property in a municipality located in more than one county; 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 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by adding a new subsection at the end of Code Section 48-5-299, relating to ascertainment of taxable property, to be designated subsection (d), to read as follows:
"(d) When real or personal property is located within a municipality whose boundaries extend into more than one county, it shall be the duty of each board of tax assessors of a county, wherein a portion of the municipality lies, to cooperatively investigate diligently into whether the valuation of such property is uniformly assessed with other properties located within the municipality but outside the county where such property is located. Such investigation shall include, but is not limited to, an analysis of the assessment to sales ratio of properties that have recently sold within the municipality and a comparison of the average assessment level of such properties by the various counties wherein a portion of the municipality lies. The respective boards shall exchange such information as will facilitate this investigation and make any necessary adjustments to the assessment of the real and personal property that is located in their respective counties within the municipality to achieve a uniform assessment of such property throughout the municipality. Any uniformity adjustments pursuant to this subsection shall only apply to the assessment used for municipal ad valorem tax purposes within the applicable county."
SECTION 2.
Said part is further amended by striking paragraphs (3) and (4) of subsection (a) of Code Section 48-5-311, relating to county boards of equalization, and inserting in their place new paragraphs (3) and (4) to read as follows:
"(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

Wednesday, February 23, 2000

549

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 members 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 Reserved.
(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 population 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 coextensive with its boundaries shall contract with the county in which the majority of the population of such municipal corporation resides to provide for the assessment, 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 relating 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 population 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 coextensive with its boundaries may contract with the county in which the majority of the population of such municipal corporation resides to provide for the assessment, 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 relating 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 Reserved."
SECTION 3.
Said part is further amended by striking paragraph (1) of subsection (e) of Code Section 48-5-311, relating to county boards of equalization, and inserting in its place a new paragraph (1) to read as follows:
"(1)(A) 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.
(B) In addition to the grounds enumerated in subparagraph (A) of this paragraph, any resident or nonresident taxpayer having property that is located within a municipality, the boundaries of which municipality extend into more than one county, may also appeal from an assessment on such property by the county board of tax assessors to the county board of equalization or to an arbitrator or arbitrators as to matters of uniformity of assessment of their property with other properties located within such municipality, and any uniformity adjustments to the assessment that may result from such appeal shall only apply for municipal ad valorem tax purposes.
(C) Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this subsection. 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. Following 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."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 5.

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

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

The report of the committee, which was favorable to the passage of the bill by 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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

HB 1192. By Representatives Wix of the 33rd and Benefield of the 96th:
A bill to be entitled an Act to amend Code Section 48-10-11 of the Official Code of Georgia Annotated, relating to the prohibition of the operation of two-axle trailers of four or more wheels without certain brakes, so as to provide for an exception for certain trailers and semitrailers; to define a term; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Thompson of the 33rd.

The Senate Transportation Committee offered the following substitute to HB 1192: A BILL

To be entitled an Act to amend Part 3 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to vehicle brakes, so as to change certain provisions relating to brakes required on certain vehicles; to amend Code Section 46-7-26 of the Official Code of Georgia Annotated, relating to authority of the Public Service Commission to promulgate rules and regulations for safety, so as to provide for promulgation of certain rules or regulations; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license plates and fees, so as to repeal certain provisions relating to prohibition of the operation of two-axle trailers of four or more wheels without certain brakes; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 3 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to vehicle brakes, is amended by striking Code Section 40-8-50, relating to brakes required on certain vehicles, and inserting in lieu thereof the following:
"40-8-50.
(a) As used in this Code section, the term:
(1) 'Gross combination weight rating (GCWR)' means the combined gross vehicle weight ratings of all vehicles in a combination of vehicles.
(2)'Gross vehicle weight rating (GVWR)' means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, the actual gross weight, or registered gross weight, whichever is greater.
(3) 'Hazardous material' has the meaning provided by Chapter 51 of Title 49 of the United States Code Annotated.
(4) 'Surge brakes' means a system of brakes on a trailer or semitrailer in which the trailer service brakes are activated as a result of the forward pressure of the trailer against the towing vehicle during deceleration.
(b) Every motor vehicle, other than a motorcycle or motor driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
(b)(c) Every motorcycle and motor driven cycle manufactured after January 1, 1974, when operated upon a highway, shall be equipped with at least two brakes which may be operated by hand or foot.
(c)(d) Except as otherwise provided in subsection (e) of this Code section, every Every trailer or semitrailer of 2,500 3,000 pounds gross weight or more shall be equipped with brakes on all wheels. Any farm trailer with two or more wheels, pulled from a tongue, used in or operated for farm purposes, including transporting fertilizer and agricultural materials to the farm, shall not be required to have an independent braking system thereon, provided such farm trailer shall not weigh over 4,000 pounds when empty.
(e) Any trailer or semitrailer may utilize surge brakes, subject to the following conditions and limitations:
(1) The vehicle or combination of vehicles does not include a vehicle designed or used to transport 16 or more passengers, including the driver;
(2) The trailer or semitrailer has a gross vehicle weight rating which does not exceed 12,000 pounds;
(3) The combination of vehicles does not exceed a gross combination weight rating of 26,000 pounds;
(4) The actual gross weight of the trailer or semitrailer does not exceed the manufacturer's gross vehicle weight rating;
(5) The trailer or semitrailer brakes must be designed and connected in such a manner that in case of accidental breakaway of the towed vehicle the brakes shall apply automatically;

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(6) The trailer or semitrailer is not used to transport hazardous materials in a type and quantity which requires placarding;
(7) The trailer or semitrailer is not used to transport liquids or gases contained in packaging which exceeds 119 gallons capacity; and

(8) For vehicles used for commercial purposes, the vehicle or combination of vehicles is used only in intrastate commerce and complies in all other respects with licensing, insurance, registration, identification, driver and vehicle safety, and hazardous materials regulations of the Georgia Public Service Commission and U. S. Department of Transportation applicable to such vehicles or combination of vehicles."
SECTION 2.
Code Section 46-7-26 of the Official Code of Georgia Annotated, relating to authority of Public Service Commission to promulgate rules and regulations for safety, is amended by striking paragraph (1) and inserting in lieu thereof the following:
"(1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commission shall from time to time promulgate. Specifically but without limitation, the commission shall promulgate rules or regulations for the safe operation of trailers or semitrailers effective on and after July 1, 2000, consistent with the applicable provisions of Code Section 40-8-50;"
SECTION 3.
Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license plates and fees, is amended by striking and reserving Code Section 48-10-11, relating to prohibition of the operation of two-axle trailers of four or more wheels without certain brakes, which reads as follows:
"48-10-11.
No two-axle trailers of four wheels or more shall be operated upon the public highways of the state unless the trailer is equipped with efficient power, hydraulic, or air brakes which are operated from the driver's seat of the tractor unit."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of promulgation of rules or regulations by the Public Service Commission. For all other purposes, this Act shall become effective July 1, 2000.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Ladd of the 41st offered the following amendment:
Amend the committee substitute to HB 1192 on Page 3, line 2, after the word "semitrailer" add the words "and load".
On the adoption of the amendment, the yeas were 32, nays 0, and the Ladd amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.

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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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R
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 1181. By Representatives Parham of the 122nd, Graves of the 125th, Twiggs of the 8th and others:

A bill to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Egan of the 40th.

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

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

Y Balfour Y Blitch Y Bowen
Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate

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Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Thomas,D Y Thomas,N Y Thomas,R
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.

HB 684. By Representatives Birdsong of the 123rd, Roberts of the 162nd, Sims of the 167th and others:

A bill to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to a certain homestead exemption for disabled veterans and certain surviving family members, so as to change certain references to federal law; to clarify the maximum amount of such exemption which may be granted to a disabled veteran or the unremarried surviving spouse or minor children of any such disabled veteran as of January 1, 1999; and for other purposes.

Senate Sponsor: Senator Ladd of the 41st.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

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

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

HB 1137. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:

A bill to be entitled an Act to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986"

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and thereby to incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for other matters related to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Dean of the 31st.

The following Fiscal Note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S. W., Suite 214 Atlanta, Georgia 30334-8400

January 12, 2000

The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Suite 133 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 1137 (LC 18 9837)

Dear Chairman Buck:

This Bill would change the references to the United States Internal Revenue Code in Georgia's Public Revenue Code from that provided for by federal laws enacted on or before January 1, 1999 to that provided for by laws enacted on or before January 1, 2000. The advancing of reference date would become effective when the Bill became law.

Few of the changes in federal law enacted since January 1, 1999 have a significant bearing on Georgia's revenue provisions. Under the individual income tax, the amount of an "above the line" exclusion from taxable net income for interest on student loans has been increased from $1,000 to $1,500. Also, the threshold in adjusted gross income at which itemized deductions come to be limited has been raised from $126,600 ($63,300 for married filing separately) to $128,950 ($64, 475 for married filing separately). Each of these changes acts to reduce the yield of Georgia's individual income tax. Information necessary to gauge the impact of the interest provision is not available. However, the dollar loss is believed to be minimal. The impact of the changed income threshold at which itemized deductions are limited can be assessed using a well-tested simulation model of Georgia's income tax.

The Bill would reduce revenues generated by Georgia's individual income tax in tax-year 2000 by roughly $0.4 million.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Bill Tomlinson, Director Office of Planning and Budget

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

Harbison Y Hecht Y Hill

Y Price,R Y Price,T Y Ragan

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Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

SR 525. By Senators Bowen of the 13th, Meyer von Bremen of the 12th and Dean of the 31st:

A resolution urging the United States Congress to enact the National Forensic Sciences Improvement Act of 1999; and for other purposes.

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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

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

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

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

HB 172. By Representatives Coleman of the 142nd, Childers of the 13th, Sinkfield of the 57th and others:

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A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services from the Department of Human Resources to the Department of Labor; and for other purposes.
Senate Sponsor: Senator Madden of the 47th.
The Senate Insurance and Labor Committee offered the following substitute to HB 172:
A BILL
To be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services from the Department of Human Resources to the Department of Labor; to provide for definitions; to provide for the transfer of property; to provide for the transfer of officers, employees, agents, and other personnel and for rights and benefits relating thereto; to provide for powers, duties, and functions of the Division of Rehabilitation Services of the Department of Labor; to provide for rules and regulations, policies, and orders and for rights and duties under certain agreements; to provide for duties, powers, and functions of the Commissioner of Labor and the Department of Labor; to provide for the director of the Division of Rehabilitation Services and the duties, functions, and compensation thereof; to provide for funding, agreements, budgeting, and appropriations; to provide for gifts; to provide for rehabilitation services and financial assistance; to provide for hearings and administrative procedure; to provide for rights and for subrogation and liens; to provide for property and its disposition; to prohibit certain conduct and provide for penalties; to provide for amendments and repeal and rights relating thereto; to provide for vending facilities for certain persons with disabilities; to amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, so as to transfer the direction and supervision of such industries to the Department of Labor; to provide for property of such industries; to provide for compensation of workers in such industries; to specifically repeal certain laws and change and correct cross-references to certain laws and to the Division of Rehabilitation Services; to substitute "persons with disabilities" for certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding at the end a new chapter to read as follows:
"CHAPTER 15 ARTICLE 1
34-15-1.
As used in this chapter, the term or terms:
(1) 'Blind person' means a person who has:
(A) Not more than 20/200 central visual acuity in the better eye after correction; or
(B) An equally disabling loss of the visual field.
(2) 'Commissioner' means the Commissioner of Labor.
(3) 'Department' means the Department of Labor.
(4) 'Director' means the official of the division who is charged with the administration of its functions under this chapter.

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(5) 'Disability to employment' means a physical or mental condition which constitutes, contributes to, or, if not corrected, will probably result in an impairment of occupational performance.
(6) 'Division' means the Division of Rehabilitation Services of the Department of Labor.
(7) 'Occupational license' means any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation.
(8) 'Person with disabilities' means an individual having a physical or mental impairment that substantially limits one or more of the major life activities.
(9) 'Prosthetic appliance' means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.
(10) 'Regulations' means regulations made by the Commissioner and promulgated in the manner prescribed by law.
(11) 'Rehabilitation center' means a facility operated for the purpose of assisting in the rehabilitation of persons with disabilities which provides one or more of the following types of services:
(A) Testing, fitting, or training in the use of prosthetic devices;
(B) Prevocational or conditioning therapy;
(C) Physical, corrective, or occupational therapy; or
(D) Adjustment training or evaluation or control of special disabilities; or a facility in which a coordinated approach is made to the physical, mental, and vocational evaluation of persons with disabilities and an integrated program of physical restoration and relating training is provided under competent professional supervision and direction.
(12) 'Rehabilitation training' means all necessary training provided to a person with disabilities to compensate for his or her disability to employment, including, but not limited to, manual preconditioning, relating, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities.
(13) 'Vocational rehabilitation' and 'vocational rehabilitation services' mean any service, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a person with disabilities for his or her disability to employment and to enable such individual to engage in a remunerative occupation.
(14) 'Workshop' means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing rehabilitative activities, including the use of monetary rewards as an incentive practice for persons with disabilities unable to engage in the competitive labor market. Persons receiving services in workshops shall not be considered as employees of the state for workers' compensation, retirement, or any other purposes.
34-15-2.
(a) The Division of Rehabilitation Services within the Department of Human Resources is transferred to the Department of Labor and shall become the Division of Rehabilitation Services of the Department of Labor. The functions, duties, and authority of the Division of Rehabilitation Services which were vested in the Department of Human Resources on June 30, 2000, are vested in the Department of Labor effective July 1, 2000. The division shall be administered by a director appointed by the Commissioner. The policy-making functions which were vested in the Department of Human Resources pertaining to the Division of Rehabilitation Services are vested in the Commissioner of Labor effective July 1, 2000.
(b) The Department of Labor shall, from the effective date of this chapter, assume possession and control of all records, papers, equipment, supplies, office space, and all other tangible property possessed and controlled by the

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Department of Human Resources as of June 30, 2000, in its administration of the Division of Rehabilitation Services.
(c) All officers, employees, and agents of the Division of Rehabilitation Services who, on June 30, 2000, are engaged in the performance of a function or duty which shall be vested in the Division of Rehabilitation Services of the Department of Labor on July 1, 2000, by this chapter, shall be automatically transferred to the Department of Labor on July 1, 2000. Such persons shall be subject to the employment practices and policies of the Department of Labor on and after July 1, 2000, but consistent with the compensation and benefits of other employees of that department holding positions substantially the same as the transferred employees, the compensation and benefits of such transferred employees shall not be reduced. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to the Division of Rehabilitation Services of the Department of Labor shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2000, shall not be impaired or interrupted by the transfer of such employees, and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2000. Accrued annual and sick leave possessed by said employees on June 30, 2000, shall be retained by said employees as employees of the Department of Labor.
(d)(1) The Division of Rehabilitation Services of the Department of Labor is the designated state unit for the vocational rehabilitation program.
(2) The Division of Rehabilitation Services of the Department of Labor shall conform to federal standards in all respects necessary for receiving federal grants and the Commissioner of the Department of Labor is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards.
(3) The Division of Rehabilitation Services of the Department of Labor is authorized to employ, on a full or parttime basis, such medical, psychiatric, social work, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the division under this chapter. The division is also authorized to contract for such professional services as may be necessary.
(4) Classified employees of the Division of Rehabilitation Services of the Department of Labor under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration.
(5) All personnel of the Division of Rehabilitation Services of the Department of Labor are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Labor, or otherwise had by persons at the time of employment with that department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Division of Rehabilitation Services of the Department of Labor.
(e) The Department of Labor shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources which are in effect on June 30, 2000, and which relate to the functions of the Division of Rehabilitation Services transferred to the Department of Labor by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law.
(f) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2000, by the Department of Human Resources pertaining to the Division of Rehabilitation Services transferred to the Department of Labor by this chapter shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Labor. In all such instances, the Department of Labor shall be substituted for the Department of Human Resources, and the Department of Labor shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.

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34-15-3.
In carrying out his or her duties under this chapter, the director of the Division of Rehabilitation Services of the Department of Labor:
(1) Shall, with the approval of the Commissioner, prepare such regulations for promulgation by the Commissioner as he or she finds necessary to carry out the purposes of this chapter;
(2) Shall, with the approval of the Commissioner, prepare such policies and procedures as he or she finds necessary for the purposes of this chapter and establish appropriate subordinate administrative units within the division;
(3) Shall recommend to the Commissioner for appointment such personnel as he or she deems necessary for the efficient performance of the functions of the division;
(4) Shall prepare and submit to the Commissioner annual reports of activities and expenditures and, prior to each regular session of the General Assembly, estimates of sums required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources;
(5) Shall make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this chapter;
(6) May, with the approval of the Commissioner, delegate to any officer or employee of the division such of his or her powers and duties, except the making of regulations and the appointment of personnel, as he or she finds necessary to carry out the purposes of this chapter; and
(7) Is designated as the administrator of a program provided under Section 221 of the federal Social Security Act, relating to disability adjudication services. The director shall receive, notwithstanding any other provision of law and in addition to his or her regular compensation, such compensation and allowance as may be augmented from grants by the appropriate federal agency in such amount as is determined by the federal agency to be commensurate with the duties imposed by Section 221 of the federal Social Security Act.
34-15-4.
The department, through the division, shall provide the services authorized by this chapter to persons with disabilities determined to be eligible therefor; and, in carrying out the purposes of this chapter, the division is authorized, among other things:
(1) To cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this chapter to persons with disabilities; in studying the problems involved therein; and in establishing, developing, and providing, in conformity with the purposes of this chapter, such programs, facilities, and services as may be necessary or desirable;
(2) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the state concerned;
(3) To conduct research and compile statistics relating to the provision of services or the need of services by persons with disabilities;
(4) To license blind persons or other persons with disabilities to operate vending facilities under its supervision and control, subject to the terms and conditions provided in regulations, policies, and procedures issued pursuant to paragraphs (1) and (2) of Code Section 34-15-3, on:
(A) State property;
(B) County or municipal property;

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(C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act (20 U.S. Code, Section 107b) (49 Stat. 1559) and any amendment thereto or any act of Congress relating to this subject; and
(D) Private property; and
(5) To provide for the establishment, supervision, and control of suitable business enterprises to be operated by persons with disabilities.
34-15-5.
The Division of Rehabilitation Services is authorized to utilize funds made available from appropriations by Congress, by gifts or grants from private sources, by appropriations of the General Assembly, or by transfer of funds from other state departments for the purpose of establishing and operating rehabilitation centers and workshops.
34-15-6.
The department, through the division, is empowered and directed to cooperate, pursuant to agreements with the federal government, in carrying out the purposes of any federal statutes pertaining to the purposes of this chapter. The department is authorized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements and to comply with such conditions as may be necessary to secure the full benefits of such federal statutes and appropriations, to administer any legislation pursuant thereto enacted by this state, to direct the disbursement and administer the use of all funds provided by the federal government or this state for the purposes of this chapter, and to do all things necessary to ensure the vocational rehabilitation of persons with disabilities.
34-15-7.
The Office of Treasury and Fiscal Services is designated as custodian of all moneys received from the federal government for the purpose of carrying out any federal statutes pertaining to the purpose of this chapter. The Office of Treasury and Fiscal Services shall make disbursements from such funds and all state funds available for such purposes, upon certification in the manner provided in paragraph (5) of Code Section 34-15-3.
34-15-8.
Budget estimates of the amount of appropriations needed each fiscal year for vocational rehabilitation services and for the administration of the programs under this chapter shall be submitted by the director to the Commissioner and, upon approval by the Commissioner, shall be included in the estimates made by the Commissioner to the Office of Planning and Budget. In the event federal funds are available to the state for vocational rehabilitation purposes, the Division of Rehabilitation Services is authorized to comply with such requirements as may be necessary to obtain said federal funds in the maximum amount and most advantageous proportion possible insofar as this may be done without violating other provisions of the state law and Constitution. In the event Congress fails in any year to appropriate funds for grants-in-aid to the state for vocational rehabilitation purposes, the Commissioner shall include as a part of his or her budget a request for adequate state funds for vocational rehabilitation purposes.
34-15-9.
The director is authorized and empowered, with the approval of the Commissioner, to accept and use gifts made unconditionally, by will or otherwise, for carrying out the purposes of this chapter. Gifts made under such conditions as are proper and consistent with this chapter may be so accepted and shall be held, invested, reinvested, and used in accordance with the conditions of the gift.
34-15-10.
(a) Vocational rehabilitation services shall be provided to any qualified individual who is a bona fide resident of the state.

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(b) The financial need of eligible persons with disabilities will be considered in the provision of vocational rehabilitation services to the extent allowed by federal or other state law.
34-15-11.
The Division of Rehabilitation Services of the Department of Labor is the designated state unit for the independent living program. The independent living program is authorized to provide or contract for the provision of such services as may be needed to enable persons with disabilities to attain the maximum degree of independent living. The powers delegated and authorized in this Code section for the division shall be in addition to those previously authorized by any other law. The department is authorized to cooperate with any federal agency in the administration of such a program.
34-15-12.
Any individual applying for or receiving vocational rehabilitation services who is aggrieved by any action or inaction of the division shall be entitled, in accordance with regulations, to a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act' and in accordance with applicable federal laws and regulations.
34-15-13.
Any rights of persons with disabilities to maintenance under this chapter shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors.
34-15-14.
Where a person with disabilities who receives vocational rehabilitation services is covered by a hospitalization or medical insurance policy, the Division of Rehabilitation Services shall be subrogated to the rights of such person with disabilities to recover in an amount not to exceed the cost of vocational rehabilitation services rendered by the Division of Rehabilitation Services, exclusive of those services for which eligibility is not predicated on the need for financial assistance. Where the person with disabilities receives vocational rehabilitation services without disclosing that he or she is covered by a hospitalization or medical insurance policy, he or she shall be liable therefor to the Division of Rehabilitation Services in an amount not to exceed the cost of rehabilitation services rendered, exclusive of those services for which eligibility is not predicated on the need for financial assistance, or in an amount not to exceed the insurance reimbursement received, whichever is the lesser.
34-15-15.
Where a person with disabilities who receives vocational rehabilitation services is entitled to recover damages for said injuries, the Division of Rehabilitation Services shall have a lien, in an amount not to exceed the cost of rehabilitation services rendered, upon any and all causes of action accruing to the individual to whom such services were furnished, or to the legal representative of such individual, on account of injuries giving rise to such cause of action and which necessitated such rehabilitation services, subject, however, to any attorney's lien. In order to perfect such lien, the Division of Rehabilitation Services shall file in the office of the clerk of the superior court of the county wherein the individual resides, a verified statement setting forth the name and address of such individual; the name and address of the Division of Rehabilitation Services; the amount claimed to be due for such vocational rehabilitation services; and, to the best of claimant's knowledge, the names and addresses of all persons, firms, or corporations claimed by such injured individual, or the legal representative of such individual, to be liable for damages arising from such injuries. The Division of Rehabilitation Services shall also, within one day after the filing of such claim or lien, mail a copy thereof to any person, firm, or corporation so claimed to be liable for such damages to the addresses as given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms, or corporations liable for such damages, whether or not they are named in such claim or lien. The clerk of the court shall endorse thereon the date and hour of filing in the hospital lien book, along with the name of the claimant, the injured person, the amount claimed, and the names and addresses of those claimed to be liable for damages. Such information shall be recorded in the name of the injured individual. The clerk shall be paid $1.00 as his fee for such filing. No release for such cause or causes of action or any judgment thereon, or any covenant not to

Wednesday, February 23, 2000

563

sue thereon, shall be valid or effectual as against such lien unless the holder thereof shall join therein or execute a release of such lien; and the claimant of such lien may enforce the lien by an action against the person, firm, or corporation liable for such damages.
34-15-16.
The division is authorized to retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for use of persons with disabilities and to repossess and transfer them for the use of other persons with disabilities. The Commissioner is authorized to offer for sale any items acquired in the operation of the program under this chapter when they are no longer necessary or to exchange them for necessary items which may be used to greater advantage. When any such surplus equipment is sold or exchanged, a receipt for it shall be taken from the purchaser showing the consideration given for such equipment and shall be forwarded to the Office of Treasury and Fiscal Services; and any funds received by the division pursuant to any such transactions shall be deposited in the state treasury in the appropriate federal or state rehabilitation account and shall be available for expenditures for any purposes consistent with this chapter.
34-15-17.
It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with regulations, policies, and procedures, for any person or persons to solicit, disclose, receive, or make use of or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records. Any person who violates any provision of this Code section shall be guilty of a misdemeanor.
34-15-18.
Employees of the department engaged in functions under this chapter shall be governed by the prohibitions in the rules and regulations of the State Personnel Board and the federal Office of Personnel Management from participation in political activity.
34-15-19.
The General Assembly reserves the right to amend or repeal all or any part of this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this chapter at any time.
ARTICLE 2
34-15-40.
As used in this article, the term:
(1) 'State property' means any building, land, or other real property owned, leased, or occupied by any department, commission, board, bureau, agency, public corporation, or other instrumentality of the state, including, but not limited to, the Georgia Building Authority, and any other real property in which the state has a legal or beneficial interest; provided, however, the term 'state property' shall not include any property, real or personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of the University System of Georgia, the Georgia Education Authority (University), or any county or independent school system of this state.
(2) 'Vending facility' means vending stands, vending machines, snack bars, cart service, shelters, counters, and such other appropriate facilities and equipment as may be necessary for the sale of articles or services by licensed blind persons or other persons with disabilities, as prescribed by rules and regulations adopted by the department.
34-15-41.

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To effectuate the purposes of this article, it is declared to be public policy of the state that on any state property where the Commissioner of Labor determines it to be feasible to establish a vending facility to be operated by a licensed operator as provided in this article and where the agency or department or custodian of such property determines that such facility can be established without undue inconvenience to the operation being carried on in such state building or property, the preference accorded in this article shall require that such vending facility site not be deemed available for letting to competitive bidders for revenue-producing purposes unless the Commissioner declines to establish on such site a vending facility for blind persons or other persons with disabilities. The income to the agency controlling the space for such facility sites shall generally not be expected to exceed reimbursement for the cost of providing such facility site space and the services connected therewith; but in any case where such income exceeds those purposes, it shall be paid into the state treasury, subject to certification and audit.
34-15-42.
For the purpose of providing blind persons or other persons with disabilities with remunerative employment, enlarging their economic opportunities, and stimulating them to greater effort in striving to make themselves selfsupporting, such blind persons or other persons with disabilities who are licensed by the Division of Rehabilitation Services of the Department of Labor shall be authorized to operate vending facilities on any state property where such vending facilities may be properly and satisfactorily operated by blind persons or other persons with disabilities. In authorizing the operation of vending facilities on state property, preference shall be given, so far as feasible, to blind persons or other persons with disabilities licensed by the Division of Rehabilitation Services of the Department of Labor as provided in this article; and the head of each department or agency in control of the maintenance, operation, and protection of state property shall, after consultation with the Commissioner and with the approval of the Governor, prescribe regulations designed to assure such preference (including assignment of vending machine income to achieve and protect such preference) for such licensed blind persons or other persons with disabilities without unduly inconveniencing such departments and agencies or adversely affecting the interests of the state."
SECTION 2.
The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "Division of Rehabilitation Services" wherever the same shall occur and inserting in its place the term "Division of Rehabilitation Services of the Department of Labor":
(1) Code Section 15-11-37, relating to designated felony acts;
(2) Code Section 45-18-5.2, relating to sheltered employment center employees; and
(3) Code Section 49-4A-9, relating to sentence of youthful offenders.
SECTION 3.
The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "Division of Rehabilitation Services of the Department of Human Resources" wherever the same shall occur and inserting in its place the term "Division of Rehabilitation Services of the Department of Labor":
(1) Code Section 15-21-143, relating to membership of the Brain and Spinal Injury Trust Fund Authority;
(2) Code Section 30-6-4, relating to the establishment of certain personal assistance programs;
(2.1) Code Section 30-6-5, relating to standards of certain personal assistance programs;
(3) Code Section 31-15-3, relating to members of the Cancer Advisory Committee;
(4) Code Section 31-16-3, relating to members of the Kidney Disease Advisory Committee; and

Wednesday, February 23, 2000

565

(5) Code Section 31-18-4, relating to records of reports of spinal cord disabled or head-injured persons. SECTION 4.
Code Section 30-1-4 of the Official Code of Georgia Annotated, relating to the Council on the Deaf, is amended by striking paragraphs (1) and (3) of subsection (a) thereof and inserting in their respective places the following: "(1) Four Three members shall be appointed from the Department of Human Resources in the following manner: (A) One member from the Division of Mental Health, Mental Retardation, and Substance Abuse; (B) One member from the Division of Physical Health; and (C) One member from the Division of Family and Children Services; and

(D)-One member from the Division of Rehabilitation Services;"
"(3) One member Two members shall be appointed from the Department of Labor, one of whom shall be from the Division of Rehabilitation Services;".
SECTION 5.
Code Section 49-5-225 of the Official Code of Georgia Annotated, relating to local interagency committee membership, is amended by striking paragraph (6) of subsection (a) and inserting in its place the following:
"(6) The Rehabilitation Services Division of the Department of Human Resources Division of Rehabilitation Services of the Department of Labor."
SECTION 5.1.
Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, is amended by striking Code Section 30-2-3, relating to supervision of the Georgia Industries for the Blind, and inserting in its place the following:
"30-2-3.
(a) The industries shall be state institutions under the direction and supervision of the Department of Human Resources Labor.
(b) The Department of Human Resources Labor is authorized to provide the property necessary for the industries. The Department of Human Resources Labor may acquire real property through the State Properties Commission pursuant to Code Section 50-16-38 or the department may enter into rental agreements in order to acquire the needed space. The acquisition of such property is not deemed to be 'administrative space' within the meaning of Article 2 of Chapter 5 of Title 50, the 'State Space Management Act of 1976.'"
SECTION 5.2.
Said chapter is further amended by striking subsection (b) of Code Section 30-2-7, relating to compensation and holidays in such industries, and inserting in its place the following:
"(b) All workers in the industries shall observe all holidays observed by other departments and agencies of the state government and shall receive their proportionate compensation for each holiday so observed. If any worker shall be compensated in such a manner that his daily compensation is not fixed, but rather is based upon a production basis, he shall receive by way of compensation for such observance of state holidays the average daily production compensation received by him during the immediately preceding 30 day period, holidays and Sundays excluded.

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The Department of Human Resources Labor is authorized and directed to pay such compensation from the funds appropriated to and available for the department."
SECTION 6.
Code Section 32-2-4.1 of the Official Code of Georgia Annotated, relating to Gateway Center, is amended by striking subsection (e) thereof and inserting in its place the following:
"(e) Gateway Center may be a 'welcome center, tourist center, and safety rest area' for purposes of Code Section 499-42 34-15-42, and the preference given by Code Sections 49-9-41 34-15-41 and 49-9-42 34-15-42 shall not apply to or and affect Gateway Center."
SECTION 7.
Code Section 45-18-5.1 of the Official Code of Georgia Annotated, relating to health insurance for blind vendors, is amended by striking that Code section in its entirety and inserting in its place the following:
"45-18-5.1.
The board Department of Labor is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent designated by the Division of Rehabilitation Services of the Department of Human Resources Labor, for the inclusion of licensed blind persons or otherwise seriously disabled vendors other persons with disabilities operating a vending facility in accordance with Article 3 of Chapter 9 15 of Title 49 34 within any health insurance plan or plans established under this article. In the event any contract is entered into, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to deduct the payment required under the plan from the earnings or other compensation of licensed blind persons or otherwise seriously disabled vendors other persons with disabilities and remit it to the board Department of Labor for inclusion in the health insurance fund. In addition, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to make the employer contributions required for the operation of such plan or plans."

SECTION 8.
Code Section 49-4-185 of the Official Code of Georgia Annotated, relating to sanctions against TANF recipients, is amended by striking paragraph (3) of subsection (b) thereof and inserting in its place the following:
"(3) Except for violations of subsection (a) of Code Section 49-9-184 49-4-184 which result in the recipient no longer being eligible for assistance, violates any other term or condition specified in the federal Social Security Act, as amended, the state plan, or the rules and regulations of the board."
SECTION 9.
Code Section 50-16-4 of the Official Code of Georgia Annotated, relating to use of the capitol building, is amended by striking that Code section in its entirety and inserting in its place the following:
"50-16-4.
The use of the capitol building and grounds shall be limited to departments of the state government and to state and national political organizations, and the keeper of public buildings and grounds shall not grant the use of either the capitol buildings or grounds for any other purposes, except that the Georgia Building Authority as keeper of public buildings and grounds is authorized to provide space in the capitol building for use as a vending stand, as described by Article 3 of Chapter 9 15 of Title 49 34, for the use of state officials and employees and their invited guests."

SECTION 10.

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567

Code Section 49-2-3 of the Official Code of Georgia Annotated, regarding certain functions transferred to the Board of Human Resources, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:

"(a) The policy-making functions of the State Board of Education and its executive officer pertaining to the Division of Rehabilitation Services, contained in Ga. L. 1951, p. 516, as amended, are vested in the Board of Human Resources Reserved."

SECTION 11.

Code Section 49-2-7 of the Official Code of Georgia Annotated, relating to certain functions transferred to the Department of Human Resources, is amended by striking subsection (d) thereof and inserting in its place a new subsection to read as follows:

"(d) The functions, duties, and authority of the Division of Rehabilitation Services, established in the State Board of Education by Ga. L. 1951, p. 516, as amended, are vested in the Department of Human Resources Reserved."

SECTION 12.

Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Chapter 9 thereof, relating to vocational rehabilitation services, and inserting in its place the following:

"CHAPTER 9 RESERVED."

SECTION 13.

This Act shall become effective for purposes of preparing for the transfer of the Division of Rehabilitation Services to the Department of Labor upon the approval of this Act by the Governor or upon its becoming law without such approval. This Act shall become effective for all other purposes on July 1, 2000.

SECTION 14.

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

On the adoption of the substitute, the yeas were 30, nays 3, 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:

N Balfour N Blitch Y Bowen Y Broun Y Brown Y Brush N Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp Y Ladd N Lamutt Y Land Y Lee Y Madden Y Marable

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

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Y Gillis Y Gingrey Y Golden Y Guhl

Y Meyer v Bremen N Perdue Y Polak

Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 46, nays 8.

The bill, having received the requisite constitutional majority, was passed by substitute. HB 799. By Representative Jamieson of the 22nd:

A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to eliminate certain restrictions and limitations with respect to the reemployment of retired members; and for other purposes.

Senate Sponsor: Senator Gingrey of the 37th.

The following Fiscal Notes, as required by law, were read by the Secretary:

DEPARTMENTS OF AUDITS AND ACCOUNTS 254 Washington Street, S. W., Suite 214 Atlanta, Georgia 30334-8400
July 7, 1999

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Suite 402 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 799 (Substitute) (LC 21 5603S)

Dear Chairman Cummings:

This bill would amend provisions relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund. This bill would allow any member who becomes employed as a peace officer after retiring to continue to receive benefits as long as he or she works 1,040 hours or less in any calendar year. Under current provisions, benefits are terminated, and members are required to pay monthly dues during the period of reemployment.

This is to certify that this retirement bill is a fiscal bill as defined in the Public Retirement Systems Standards Law.

Sincerely,

/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 29, 1999

Wednesday, February 23, 2000

569

Honorable Bill Cummings , Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 303334

SUBJECT:

Actuarial Investigation House Bill 799 (LC 21 5603S) Peace Officers' Annuity and Benefit Fund

Dear Chairman Cummings:

This legislation would amend provisions relating to eligibility for benefits under the Peace Officers' Annuity and Benefit Fund. Specifically, this legislation would allow retired members to be employed as a peace officer for up to 1,040 hours in a calendar year without losing their retirement benefits. Currently, the Fund suspends the benefits of a retired member for any period in which he or she becomes reemployed as a peace officer.

This bill would not result in any additional cost to the Peace Officers' Annuity and Benefit Fund. There would be no additional cost since cost calculations for the Fund do not currently include estimates for persons who may discontinue receiving benefits because they become reemployed as a peace officer. There would be no increase in the unfunded actuarial accrued liability or the required employer contribution. The estimated cost is based on current member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs associated with this bill would be paid through fines and bond forfeitures.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will result from the bill. $ 0

(2) The amount of the annual amortization of the unfunded actuarial accrued liability

which will result from the bill.

$0

(3) The number of years that the unfunded actuarial accrued liability created by this

bill would be amortized.

N/A

(4) The amount of the annual normal cost which will result from the bill.

$0

(5) The employer contribution rate currently in effect.

a portion of fines and bond forfeitures

(6) The employer contribution rate recommended (in conformity with minimum funding

standards specified in Code Section 47-20-10).

a portion of

fines and bond

forfeitures

(7) The dollar amount of the increase in the annual employer contribution which is

necessary to maintain the retirement system in an actuarially sound condition.

$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely, /s/ Russell W. Hinton

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State Auditor

BUCK CONSULTANTS 200 Galleria Parkway, N.W., Suite 1200 Atlanta, Georgia 30339-5945

October 19, 1999

Honorable Russell W. Hinton, State Auditor Georgia Department of Audits and Accounts 254 Washington Street, Room 214 Atlanta, Georgia 30334

RE: HB 799 (LC 21 5603S)

Dear Mr. Hinton:

As requested, we have made an actuarial investigation of the impact of HB 799 (LC 21 5603S) on the Peace Officers' Annuity and Benefit Fund in accordance with the requirements of Code Section 47-20-36.

This bill would amend Code Sec. 47-17-80 of the Official Code of Georgia Annotated to permit retired members to be employed up to 1040 hours in a calendar year without suspension of their retirement benefits. Currently, a retired member has his or her benefits suspended during any period of reemployment.

We believe that the cost in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50 would be negligible. The estimated cost includes $0 to amortize the unfunded actuarial accrued liability and $0 each year to fund the normal costs. This is because currently our cost calculations do not anticipate the fund having gains due to reemployment of retired members. Currently, when a retired member is reemployed, there is a gain as the fund need not pay our benefits that had been anticipated would be paid. This gain is included with other gains and losses and is amortized which lessens the financial effect of the benefit suspension. The effect of this proposed legislation would be to lessen the incidences of when gains occur by having gains only when the reemployment was for more than the 1040 hours. For this reason, this bill is a fiscal bill, even though the fiscal effects are not reflected in advance in changes in normal cost and unfunded accrued liability payments.

The following table reflects the unfunded actuarial accrued liability and recommended employer contribution before and after the proposed legislation. For the figures before the legislation, we used the most recent actuarial valuation which was as of July 1, 1998, and we adjusted those results for two cost of living increases granted since that valuation and for some additional assets of the fund being held by the Georgia Pooled Index Fund. The recommended employer contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10 before legislation and will remain in conformity if this legislation were enacted. All amounts are in $ thousands.

HB 799 LC 21 5603S

Before Legislation

After Legislation

Increase Due To Legislation

Unfunded Actuarial Accrued Liability
Amount of the Annual Amortization of the Unfunded Actuarial Accrued Liability
Number of Years that the Unfunded Actuarial

($9,964) $0 0

($9,964)

$0

$0

$0

0

0

Wednesday, February 23, 2000

571

Accrued Liability would be Amortized

Annual Contribution

% Amount

% Amount

% Amount

Total Normal Cost Unfunded Accrued Liability Amort. Payment

NA $11,822 NA $0

NA $11,822 NA $0

NA $ 0 NA $ 0

Employer Contribution Rate NA $13,488 Currently in Effect

NA $13,488

NA $ 0

Employer Contribution Rate Recommended Due to Minimum Funding Standards

NA $11,916

NA $11,916

NA $ 0

"NA" means "Not Applicable" - The benefits are not related to pay, so percentage-of-pay figures are not shown.

The Enrolled Actuary who prepared this actuarial investigation is:

Mr. Kerry Schmidt Buck Consultants Suite 1200 200 Galleria Parkway, N.W. Atlanta, Georgia 30339-5945

Should you have any questions regarding this investigation, please feel free to call me to discuss at (770) 916-4158.

Sincerely, /s/ Kerry Schmidt Principal and Consulting Actuary

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

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

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Y Golden Y Guhl

Y Polak

On the passage of the bill, the yeas were 48, nays 0.

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

Y Williams

Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow. The motion prevailed, and the President announced the Senate adjourned at 11:50 a.m.

Thursday, February 24, 2000

573

Senate Chamber, Atlanta, Georgia Thursday, February 24, 2000 Twenty-fifth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1350.

By Representatives West of the 101st and Stallings of the 100th:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Carroll County; to create the office of chairperson and a board of commissioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into election districts.

HB 1527.

By Representatives Ehrhart of the 36th, Wiles of the 34th, Grindley of the 35th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the supplement to be paid to each of the judges of the superior court of said circuit.

HB 1555.

By Representative Anderson of the 116th:
A bill to amend an Act providing for the election of members of the Board of Education of Burke County, so as to change the provisions relating to the filling of vacancies on the board of education.

HB 1557.

By Representative Houston of the 166th:
A bill to amend an Act creating the office of tax commissioner of Berrien County, so as to change the provisions relating to the compensation of the tax commissioner.

HB 1205.

By Representative Murphy of the 18th:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," so as to provide that development authorities may be dissolved by action of the parent governments so long as the authority to be dissolved does not have any outstanding unpaid bonds or bond anticipation notes.

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HB 1500.

By Representatives Murphy of the 18th, Hudson of the 156th, Powell of the 23rd and others:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs under the "Quality Basic Education Act," so as to state legislative findings; to define terms; to provide that no public high school which receives funds under said Act shall participate in or sponsor interscholastic competition administered by a high school association unless the high school association meets certain criteria.

HB 814.

By Representatives Orrock of the 56th, Hegstrom of the 66th and West of the 101st:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing of practitioners of acupuncture.

HB 1186.

By Representatives Channell of the 111th, Jamieson of the 22nd, Parrish of the 144th and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to define certain terms; to provide for procedures relative to such excise taxes; to provide punishments and penalties for certain violations relative to such excise taxes.

HB 853.

By Representatives Ehrhart of the 36th, Sauder of the 29th, Franklin of the 39th and others:
A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to change a certain population reference; to thereby update and specify the counties in which certain special provisions shall apply to the collection and use of certain court costs.

HB 1411.

By Representatives Porter of the 143rd, Smyre of the 136th and Channell of the 111th:
A bill to amend Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of teaching hospitals, so as to provide for such funding through the Department of Community Health; to amend Code Section 49-10-1 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce membership, so as to change the manner of employing administrative staff.

HB 1458.

By Representatives Parham of the 122nd and Powell of the 23rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of motor vehicle drivers' licenses, so as to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issuance of new license following revocation; to amend Chapter 8 of Title 42, relating to probation, so as to change certain provisions relating to use of a motor vehicle ignition interlock device as a probation condition.

HB 1178.

By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th and others:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, the "Tax Deferral for the Elderly Act," so as to authorize such tax deferral with respect to certain municipal ad valorem taxes for municipal purposes.

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575

HB 1486.

By Representatives Buck of the 135th, Taylor of the 134th, Davis of the 132nd and others:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for the sheriff's services, so as to provide for application of alternate fees and the disposition of such alternate fees with respect to services performed regarding certain municipal courts.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 847.

By Representatives Childers of the 13th, Smith of the 12th, McClinton of the 68th and others:
A resolution directing the acceptance and placing in the State Capitol of a portrait of Ellen Louise Axson Wilson, the first First Lady from Georgia.

The House has agreed to the Senate amendment to the following bill of the House:

HB 1235.

By Representatives Childers of the 13th, McClinton of the 68th, Epps of the 131st and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create the Commission on Men's Health and provide for its assignment for administrative purposes and for its staff.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1264.

By Representative Bordeaux of the 151st:
A bill to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, so as to require reports of collections; to provide for penalties.

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

HB 1124.

By Representatives Lane of the 146th, Morris of the 155th, Barnard of the 154th and others:

A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, so as to provide that it shall be unlawful to possess, land, offer for sale, or sell in this state fish caught by gill net.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 492. By Senators Golden of the 8th and Madden of the 47th:

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 requirements as to capital stock or surplus generally; to repeal certain provisions relating to compliance with minimum surplus requirements for mutual insurers; to change certain provisions relating to expiration of certificate, procedure for renewal, and amendment of certificate by Commissioner; to change certain provisions relating to fees and

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charges generally; to change certain provisions relating to procedure for establishment of health maintenance organizations generally, notice of modification, and exemption of item from filing requirements; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
SB 493. By Senators Golden of the 8th and Madden of the 47th:
A bill to be entitled an Act to amend Chapter 56 of Title 33 of the Official Code of Georgia Annotated, relating to risk-based capital levels, so as to make provisions of said chapter applicable to certain health organizations; to change certain provisions relating to definitions; to change certain provisions relating to annual risk-based capital level report required and computations; to change certain provisions relating to company action level events, preparation and submission of risk-based capital level plans, hearings, and out-of-state filings; to change certain provisions relating to regulatory action level events, preparation and submission of risk-based capital level plans, determination of corrective actions, and hearings; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
SB 494. By Senators James of the 35th, Fort of the 39th, Harbison of the 15th and others:
A bill to be entitled an Act to amend Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, so as to authorize public employees to organize into bargaining units and to bargain collectively; to provide for a short title; to define certain terms; to provide for the establishment of the Public Employees Labor Relations Commission; to provide for the composition, appointment, and terms of officers; to amend Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to voluntary contributions by state employees through payroll deductions, so as to provide that voluntary contributions by state employees may be deducted for organizations which engage in collective bargaining with the state; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
SR 613. By Senators Broun of the 46th and Gillis of the 20th:
A resolution creating the Senate Certificate of Need for Long-term Care Facilities Study Committee; and for other purposes.
Referred to the Committee on Health and Human Services.
The following bills and resolution of the House were read the first time and referred to committees:
HB 814. By Representatives Orrock of the 56th, Hegstrom of the 66th and West of the 101st:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing of practitioners of acupuncture; and for other purposes.
Referred to the Committee on Health and Human Services.
HB 853. By Representatives Ehrhart of the 36th, Sauder of the 29th, Franklin of the 39th and others:
A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to change a certain population reference; to thereby update and specify the counties in which certain special provisions shall apply to the collection and use of certain court costs; and for other purposes.
Referred to the Committee on Special Judiciary.

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577

HB 1178. By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th and others:
A bill to be entitled an Act to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, the "Tax Deferral for the Elderly Act," so as to authorize such tax deferral with respect to certain municipal ad valorem taxes for municipal purposes; to change certain provisions regarding definitions; to change certain provisions regarding tax deferral; to change certain provisions regarding applications therefor; to change certain provisions regarding annual notification; to change certain provisions regarding changes in use of the subject property; to change certain provisions regarding prepayment of taxes and interest; to change certain provisions regarding distribution of payments; to repeal conflicting laws; and for other purposes
Referred to the Committee on Finance and Public Utilities.
HB 1186. By Representatives Channell of the 111th, Jamieson of the 22nd, Parrish of the 144th and Scarlett of the 174th:
A bill to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to define certain terms; to provide for procedures relative to such excise taxes; to provide punishments and penalties for certain violations relative to such excise taxes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1205. By Representative Murphy of the 18th:
A bill to be entitled an Act to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," so as to provide that development authorities may be dissolved by action of the parent governments so long as the authority to be dissolved does not have any outstanding unpaid bonds or bond anticipation notes; to provide for devolution of assets and debts and rights and obligations to the parent governments; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1350. By Representatives West of the 101st and Stallings of the 100th:
A bill to be entitled an Act to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Carroll County; to create the office of chairperson and a board of commissioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into election districts; to create the position of county manager and prescribe the manager's selection and duties; to provide for the internal organization and functioning of officials, employees, and departments subordinate to the chairperson and board of commissioners; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1411. By Representatives Porter of the 143rd, Smyre of the 136th and Channell of the 111th:
A bill to be entitled an Act to amend Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of teaching hospitals, so as to provide for such funding through the Department of Community Health; to amend Code Section 49-10-1 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce membership, so as to change the manner of employing administrative staff; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.

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HB 1458. By Representatives Parham of the 122nd and Powell of the 23rd:
A bill to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of motor vehicle drivers' licenses, so as to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issuance of new license following revocation; to amend Chapter 8 of Title 42, relating to probation, so as to change certain provisions relating to use of a motor vehicle ignition interlock device as a probation condition; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 1486. By Representatives Buck of the 135th, Taylor of the 134th, Davis of the 132nd and others:
A bill to be entitled an Act to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for the sheriff's services, so as to provide for application of alternate fees and the disposition of such alternate fees with respect to services performed regarding certain municipal courts; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1500. By Representatives Murphy of the 18th, Hudson of the 156th, Powell of the 23rd and others:
A bill to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs under the "Quality Basic Education Act," so as to state legislative findings; to define terms; to provide that no public high school which receives funds under said Act shall participate in or sponsor interscholastic competition administered by a high school association unless the high school association meets certain criteria; to specify criteria with respect to the classification of public and private high schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 1527. By Representatives Ehrhart of the 36th, Wiles of the 34th, Grindley of the 35th and others:
A bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to change the supplement to be paid to each of the judges of the superior court of said circuit; provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1555. By Representative Anderson of the 116th:
A bill to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, so as to change the provisions relating to the filling of vacancies on the board of education; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1557. By Representative Houston of the 166th:
A bill to be entitled an Act to amend an Act creating the office of tax commissioner of Berrien County, approved July 3, 1931 (Ga. L. 1931, p. 390), as amended, so as to change the provisions relating to the compensation of the tax commissioner; to amend certain provisions relating to fees, commissions, costs,

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579

fines, emoluments, and perquisites; to provide that such fees, commissions, costs, fines, emoluments, and perquisites shall be funds belonging to Berrien County; to provide for an exception; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HR 847. By Representatives Childers of the 13th, Smith of the 12th, McClinton of the 68th and others:

A resolution directing the acceptance and placing in the State Capitol of a portrait of Ellen Louise Axson Wilson, the first First Lady from Georgia; and for other purposes.

Referred to the Committee on Economic Development, Tourism and Cultural Affairs.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 299. Do pass. HB 656. Do pass by substitute.

Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

Mr. President:

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

SB 257. Do pass. SB 360. Do pass. SB 401. Do pass by substitute.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President:

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

SB 425. Do pass as amended. SB 439. Do pass. SB 413. Do pass.

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

Mr. President:

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

SB 468. Do pass by substitute. HB 1251. Do pass.

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HB 1320. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

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

HB 613. Do pass.

Respectfully submitted, Senator Bowen of the 13th District, Chairman

The following bills and resolutions were read the second time:

SB 45 SB 366 SB 373 SB 381 SB 391 SB 408 SB 432 SB 438 SB 444 SB 453 SB 455 SB 465 SR 87 SR 123 SR 344 SR 351 SR 374 SR 406 SR 459

SR 511 SR 515 SR 519 SR 541 SR 542 HB 20 HB 441 HB 908 HB 988 HB 1159 HB 1184 HB 1217 HB 1273 HB 1286 HR 621 HR 754 HR 849 HR 1029

Senator Meyer von Bremen of the 12th moved that Senator Thomas of the 10th be excused. On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Thomas was excused.

The roll was called and the following Senators answered to their names:

Blitch Bowen Broun Brown Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan

Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Ladd Lamutt Land Lee

Perdue Price,R Price,T Ragan Ray Scott Smith Starr Stephens Stokes Streat Tanksley Tate

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Fort Gillis Gingrey Golden

Madden Marable Meyer v Bremen

Thomas,D Thomas,R Thompson

Those not answering were:

Balfour Kemp Polak Thomas, N. (excused) Walker Williams

The following member was off the floor of the Senate when the roll was called and wishes to be recorded as present:

Senator Polak of the 42nd

The members pledged allegiance to the flag.

Prayer was offered by Bishop Eddie Long of Atlanta, Georgia.

The following resolutions were read and adopted:

SR 614. By Senator Jackson of the 50th:

A resolution commending Dr. John Ed Fowler; and for other purposes.

SR 615. By Senator Cheeks of the 23rd:

A resolution recognizing and commending Claudia Reynolds; and for other purposes.

SR 616. By Senators James of the 35th, Fort of the 39th, Thomas of the 10th and others:

A resolution commending the Georgia Outreach Parent Training Network and observing Monday, February 28, 2000, as Georgia Outreach Parent Training Network Day; and for other purposes.

SR 617. By Senators James of the 35th, Fort of the 39th, Thomas of the 10th and others:

A resolution declaring March 8, 2000, as "Safe Drivers' Awareness Day" and urging all drivers to observe all driver safety laws and to exercise reasonable caution and good judgment while driving; and for other purposes.

SR 619. By Senators Gillis of the 20th, Dean of the 31st, Stokes of the 43rd and others:

A resolution recognizing the state's forest products industry and commending the creation of the Sustainable Forestry Initiative; and for other purposes.

Senator Tanksley of the 32nd introduced the doctor of the day, Dr. Tom Cooper.

Senator Hooks of the 14th introduced Congressman Sanford Bishop.

Senator Scott of the 36th recognized officials from Zoo Atlanta, commended by SR 545, adopted previously.

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HB 1187 HB 1162

SENATE RULES CALENDAR
Thursday, February 24, 2000 TWENTY-FIFTH LEGISLATIVE DAY
A Plus Education Reform Act of 2000; enact (Substitute) (Ed-33rd) Smith-175th
Supplemental appropriations; FY 1999-2000 (Substitute) (Approp-14th) Murphy-18th

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 1187. By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th and others:
A bill to be entitled an Act to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary levels; to provide for a short title; to amend Code Section 15-11-15 of the Official Code of Georgia Annotated, 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 repeal Article 4 of said chapter, relating to local school trustees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes
Senate Sponsor: Senator Thompson of the 33rd.
The Senate Education Committee offered the following substitute to HB 1187:
A BILL
To be entitled an Act to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary levels; to provide for a short title; to amend Code Section 15-11-15 of the Official Code of Georgia Annotated, 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 provide for regional offices of the Department of Education; to provide for certain reports and actions to be taken in response to a finding of accounting irregularities or budget deficits of a local school system or school; to provide for the appointment of an educational care team upon application by a local board of education and for the duties and funding of educational care teams; to repeal Article 4 of said chapter, relating to local school trustees; to provide for the establishment of school councils and for their composition and duties; to make certain findings with respect to the Quality Basic Education Program; to provide for goals for the "Quality Basic Education Act"; to change provisions relating to high school programs authorized for funding under the "Quality Basic Education Act"; to provide for an early intervention program for students in grades kindergarten through three who are performing below grade level; to change provisions relating to the grade level of students served in the remedial education program; to repeal provisions regarding the in-school suspension program administered by the State Board of Education; to change provisions relating to the funding of the program for limited-English-proficient students; to provide for an extended day program for students in grades nine through 12; to repeal certain provisions relating to the allotment of state funds to local school systems based on full-time equivalent student program counts; to change the program weights for the instructional programs funded under the "Quality Basic Education Act," provide for additional instructional programs, and provide for teacherstudent ratios for each such program; to change provisions relating to state funds provided to pay the salaries of certificated professional personnel of local school systems; to require the Governor to appoint a task force to review

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the program weights used in the Quality Basic Education Formula; to change provisions relating to the midterm adjustment of the amount of state funds provided under the Quality Basic Education Formula; to change provisions relating to local fair share funds; to change provisions relating to equalization grants provided under the "Quality Basic Education Act"; to change provisions relating to state funding for direct instructional, media center, and staff development costs; to provide for the collection of information by the State Board of Education for the computerized uniform budget and accounting system; to change provisions relating to the base school size used to calculate program weights in the Quality Basic Education Formula; to change provisions relating to the calculation of program weights based on payment of salaries and benefits and funds for staff and professional development; to change provisions relating to the maximum class size for instructional programs; to change provisions relating to state funds provided to pay the salaries of local school superintendents, assistant superintendents, secretaries, accountants, and principals; to provide for state funding for the salaries of school nurses; to change provisions relating to the base size of a local school system used to calculate program weights in the Quality Basic Education Formula; to provide that a local school system shall not qualify for certain funds under the Quality Basic Education Formula if it fails to implement certain interventions prescribed by the State Board of Education; to change provisions relating to the granting of certificates by the Professional Standards Commission; to require students in postsecondary teacher preparation programs to be proficient in computer and instructional technology applications and skills; to provide that in-service programs conducted by local units of administration shall address skills of certificated personnel that directly relate to improving student achievement; to provide for annual teacher evaluations to be conducted prior to contract renewal; to change the provisions relating to annual contracts for certificated professional personnel; to provide for fingerprinting and criminal record investigations of all personnel employed by a local unit of administration; to change provisions relating to the payment of personnel holding certificates from the Professional Standards Commission according to a state-wide minimum salary schedule; to change provisions relating to the salary increase granted to certain persons holding a certificate from the National Board for Professional Teaching Standards; to provide for state funding of salary increases based upon a determination of an insufficient supply of qualified teachers in mathematics, science, special education, or foreign language and provide for certain annual reports relating thereto; to repeal provisions relating to salary supplements for administrators and other education personnel; to provide for salary supplements to be paid to principals and direct the State Board of Education to establish a salary schedule for principals; to change provisions relating to the duty-free lunch period for certain teachers employed in grades kindergarten through five; to repeal a reporting requirement relating to the Georgia Education Leadership Academy; to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents; to change the provisions relating to capital outlay funding under the "Quality Basic Education Act"; to comprehensively revise provisions relating to regional educational service agencies; to require all local school systems, Department of Technical and Adult Education facilities and institutions, and University System of Georgia facilities and institutions to be a member of a regional educational service agency; to provide for the status of such regional agencies and their employees with respect to taxation; to provide for the immunity from liability of the employees and volunteers of such regional agencies; to provide for additional duties of such regional agencies, including the preparation of regional plans, the provision of core services to its member schools and school systems, and the development of programs for nontraditional alternative routes to teacher certification; to change provisions relating to the composition of the boards of control of such regional agencies; to authorize such regional agencies to acquire, hold, and dispose of property and incur certain debt; to provide for audits of such regional agencies by the Office of Education Accountability; to change provisions relating to grants of state funds to such regional agencies; to repeal provisions relating to the preparation of long-term strategic plans by the State Board of Education and local boards of education; to change provisions relating to the testing of elementary and secondary students; to provide for endof-course testing of students in grades nine through 12; to provide for the development of study guides by the Department of Education; to provide for staff development programs for teachers in grades one through 12 on the use of tests; to repeal provisions relating to comprehensive evaluations of public schools, local school systems, and regional educational service agencies; to repeal provisions relating to corrective action plans for nonstandard local units of administration and schools; to repeal provisions relating to the Council for School Performance; to change provisions relating to middle school grants; to authorize students to attend a school outside of the attendance zone or school district in which they reside under certain circumstances and provide for state funding thereof; to change provisions relating to development of a state-wide comprehensive educational information network; to require the Board of Regents of the University System of Georgia, the Office of School Readiness, and the Professional Standards Commission to maintain individual data records on certain persons and provide for authorized access to such data; to repeal Part 2 of Article 7 of said chapter, relating to additional state aid to school districts where parents live or work on state property; to repeal Part 3 of Article 7 of said chapter, relating to additional state aid to

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local school systems to compensate for loss of revenue from financial institutions; to change the age at which children are required to attend school; to change the policy of the state regarding the assignment of students to inschool suspension; to change provisions relating to the placement of a student following his or her removal from the classroom by a teacher; to change provisions relating to notification of parents and conferences regarding chronic disciplinary problem students; to change provisions regarding parent conferences upon a student's return from expulsion or suspension; 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 disciplinary problems; to change provisions relating to alternative education programs; to provide for the voluntary preenrollment of children at two years of age with local boards of education in order to ensure compliance with age specific immunizations; to require local boards of education to establish policies and procedures regarding a school health nurse program; to provide that a person who first becomes a teacher on or after July 1, 2000, shall not acquire certain rights with respect to continued employment; to change the penalty for the prohibition against students' carrying pagers or electronic communication devices at school; to authorize the State Board of Education to grant state charters for special schools to certain charter school petitioners; to provide that the State Board of Education may require a local referendum regarding the use of local bonded indebtedness and school tax levies to support state charter schools; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to change provisions relating to the eligibility requirements for a HOPE scholarship at a public postsecondary institution, a HOPE grant at a branch of the Department of Technical and Adult Education, and a PROMISE teacher's scholarship; to change the type of costs to which a HOPE scholarship or HOPE grant may be applied; to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, so as to authorize such board to approve requests by certain postsecondary technical schools, programs, or institutions to be named technical colleges and to submit certain requests for funding; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the creation and duties of an Education Coordinating Council and an Office of Education Accountability; to make certain findings with respect to the Education Coordinating Council; to provide for the composition, meetings, staff, powers, and duties of the Education Coordinating Council; to provide for a certain delegation of authority by the director of the budget to the Education Coordinating Council; to create the Office of Education Accountability and provide for its powers and duties; to provide for the appointment and duties of the director of the Office of Education Accountability; to provide for reports to be made by the Office of Education Accountability to the Education Coordinating Council; to direct the Office of Education Accountability to create and implement an accountability assessment program for students in grades kindergarten through 12, subject to the approval of the Education Coordinating Council; to provide for indicators of student achievement and school improvement; to provide for the establishment of individual school ratings and the preparation of school report cards by the Office of Education Accountability; to provide for audits of schools by said office; to provide for financial and other awards to recognize schools and school systems that demonstrate certain progress or success; to provide for the funding and payment of financial bonuses to certain school personnel; to provide for the recommendation, by said office, and the prescription, by the State Board of Education, of actions to be taken with respect to schools with low student performance, to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education with respect to a postsecondary accountability assessment program; to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, and the Office of School Readiness with respect to a pre-kindergarten accountability assessment program; to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, and the Professional Standards Commission with respect to an education work force accountability assessment program; to amend the Official Code of Georgia Annotated to correct certain references and provide editorial revisions; 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.
This Act shall be known and may be cited as the "A Plus Education Reform Act of 2000."
SECTION 2.

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Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, is amended by striking in its entirety subsection (a) and inserting 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 connection with adoption proceedings under Chapter 8 of Title 19, in which the superior courts shall have concurrent jurisdiction to terminate the legal parent-child relationship 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 guardian 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 3.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Article 1, relating to the State Board of Education, by adding at the end thereof a new Code Section 202-20 to read as follows:
"20-2-20.
The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in Code Section 20-2-270, and all employees of such regional offices shall be employees of the Department of Education."
SECTION 4.

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Said chapter is further amended by striking in its entirety Code Section 20-2-67, relating to monthly reports by a local board of education that is subject to a corrective action plan for a budget deficit, which reads as follows:
"20-2-67.
(a) The local system superintendent employed by any local school system which is required to submit to the Department of Education a corrective action plan as provided in Code Section 20-2-283 designed to correct a budget deficit for such local system shall, from the time such deficit is discovered until the time it is eliminated, present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such system during the current month. The report shall be presented to board members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meetings of the board of education.
(b) Not later than September 30 of each year, each local board of education shall cause to be published in the official county organ wherein the local school system is located once a week for two weeks a statement of actual financial operations for such local school system for the preceding fiscal year. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent.
(c) A copy of the actual financial operations form required to be published by subsection (a) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local city governmental administration. A current copy of said form shall be maintained on file in the central administrative office for public inspection by each local board of education for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request.",
and inserting in lieu thereof a new Code Section 20-2-67 to read as follows:
"20-2-67.
(a) When an audit by the Department of Audits and Accounts finds and reports irregularities or budget deficits in the fund accounting information regarding a school within the local school system or the local school system, the Department of Audits and Accounts shall report the findings of irregularities or budget deficits to the State Board of Education and the local board of education.
(b) The State Board of Education shall inform the superintendent of the local school system of the irregularities or budget deficits regarding a school's fund accounting information. The local school superintendent employed by the local school system is required to submit to the Department of Education a response to the findings and a corrective action plan as defined by rules and regulations adopted by the State Board of Education designed to correct the financial irregularities or budget deficits for the school or school system. From the time such irregularity or budget deficit is discovered until the time it is eliminated, the local school superintendent shall present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such school or school system during the current month. The report shall be presented to local board members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meeting of the local board of education.
(c) Not later than September 30 of each year, each local board of education shall cause to be published in the official county organ wherein the local school system is located once a week for two weeks a statement of actual financial operations for such local schools or school system identified by the Department of Audits and Accounts as having financial irregularities. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the schools or school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent.

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(d) A copy of the actual financial operations form required to be published by subsection (c) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local city government administration. A current copy of said form shall be maintained on file in the central administrative office for public inspection by each local board of education for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request."
SECTION 5.
Said chapter is further amended in Article 3, relating to local boards of education, by adding at the end thereof a new Code Section 20-2-68 to read as follows:
"20-2-68.
Upon determining that a school under its management and control is consistently underperforming or is otherwise educationally challenged, a local board of education may apply to the State Board of Education for the appointment of an educational care team for that school. The state board then may appoint an educational care team for that school. The educational care team shall consist of seven persons, each of whom has experience as a principal, teacher, or school administrator. Under the direction of the requesting local board of education, the educational care team shall conduct an investigation of the consistently underperforming or otherwise educationally challenged school, prepare a written evaluation of the school, and make nonbinding recommendations to the local board for improvements at the school in instruction in mathematics, science, reading and other English courses, and social studies. The educational care team may also provide instruction and conduct professional and staff development sessions. Subject to appropriation by the General Assembly, educational care teams shall be funded for each fiscal year."
SECTION 6.
Said chapter is further amended by striking and reserving in its entirety Article 4, relating to local school trustees, which reads as follows:
"ARTICLE 4
20-2-80.
The county board of education of each county may within 30 days from February 1, 1946, appoint not less than three nor more than five local school trustees for each school in the county; provided, however, the trustees of each school district as constituted prior to August 7, 1945, shall be the trustees of each school in the district until their respective terms expire. Each person so appointed shall be manifestly interested in education, and a resident of the county where he is appointed. Each person so appointed shall have a term of four years; and should any vacancy occur due to death, resignation, change of residence from the county where appointed, or otherwise, the county board shall, at its next regular meeting after such vacancy occurs, appoint a successor to fill the vacancy. The trustees so elected or appointed shall elect one of their members as chairman and another as secretary. All trustees shall serve without compensation.
20-2-81.
The duties of the school trustees appointed or elected by the county board of education as provided in Code Section 20-2-80 shall be advisory in nature. They shall make recommendations to the county board as to budgets, employment of teachers and other authorized employees, and other matters relating to the school of which they are trustees. Such recommendations shall be merely advisory, and the county board is not bound to observe or follow them."
SECTION 7.
Said chapter is further amended by inserting a new article, to be designated as Article 4A, to read as follows:

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"ARTICLE 4A
20-2-85.
(a) The General Assembly recognizes the need to improve communication and participation of parents and the community in the management and operation of local schools. The General Assembly believes that parent and community support is critical to the success of students and schools. The intent of this article is to bring communities and schools closer together in a spirit of cooperation to solve difficult education problems, improve academic achievement, provide support for teachers and administrators, and bring parents into the school-based decision-making process. The establishment of school councils is intended to help local boards of education develop and nurture participation, bring parents and the community together with teachers and school administrators to create a better understanding of and mutual respect for each other's concerns, and share ideas for school improvement. School councils shall be reflective of the school community.
(b) The management and control of public schools shall be the responsibility of local boards of education, and the school leader shall be the principal. School councils shall provide advice, recommendations, and assistance and represent the community of parents and businesses. Each member of the council, as a community representative, shall be accorded the respect and attention deserving of such election.
20-2-86.
(a) By October 1, 2001, each local board of education that elects to participate in the Quality Basic Education Program provided for in Article 6 of this chapter shall have a school council operational at a minimum of one high school, one middle school, and one elementary school, except that if a school system does not have its schools organized in this manner the system shall designate schools for a school council as closely to the intent of this Code section as possible. By October 1, 2002, each local board of education shall have a school council operational in a minimum of 50 percent of the schools under its jurisdiction. Such school council shall operate pursuant to this Code section, and the local board of education shall assist all councils in their creation and operation. After two years of successful operation, and upon receiving a high performance designation by the Office of Education Accountability, the local board of education shall devolve to the school council such additional authority in matters of school operation as the local board deems appropriate. By October 1, 2003, each local board of education shall have a school council operational in each of the schools under its jurisdiction.
(b) The local board of education shall provide a training program to assist schools in forming a school council. Such program shall address the organization of councils, their purpose and responsibilities, applicable laws, rules, regulations and meeting procedures, and important state and local school system program requirements and shall provide a model school council organization plan. The training program shall be offered to school councilmembers at least twice per school year, except that this program shall be offered during the month of July should there be members of the school council with a term commencing on July 1 who have not previously received this training. The State Board of Education shall develop and make available a model school council training program.
(c) Membership on the council shall be open to teachers, parents, and business representatives selected from all businesses that are designated school business partners. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council, the council may, by a vote of five members of the council, withdraw such person's membership status, effective as of a date determined by the council.
(d) The property and business of the council shall be managed by seven school councilmembers of whom a majority shall constitute a quorum. School councilmembers must be individuals who are 18 years of age or older. Members of the school council shall include:
(1) Two parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students;

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(2) Two businesspersons, one of whom shall be selected by the local board of education and one of whom shall be selected by the other five nonbusiness members of the school council from the business partners of the school or, if there are no business partners, from the local business community;
(3) Two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; and
(4) The school principal.
An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent. The chairperson of the council shall be the school principal.
(e) Members of the council shall serve for a term of two years. The office of school councilmember shall be automatically vacated:
(1) If a member shall resign;
(2) If the person holding the office is removed as a member by an action of the council pursuant to this Code section; or
(3) If a member no longer meets the qualifications specified in this Code section.
An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days. If, by a vote of five members of the council, the council believes there is not sufficient time left in the council term to elect a replacement, the vacancy shall go unfilled.
(f) All meetings of the council shall be held at the school site. The council shall meet once a month, at the call of the chairperson, or at the request of a majority of the members of the council. Notice by mail shall be sent to school councilmembers at least seven days prior to a meeting of the council. School councils shall be subject to Chapter 14 of Title 50, relating to open and public meetings, in the same manner as local boards of education. Each member is authorized to exercise one vote. A quorum must be present in order to conduct official council business. Members of the council shall not receive remuneration to serve on the council or its committees.
(g) After providing public notice at least two weeks before the meeting of each electing body, the principal of each school shall call a meeting of electing bodies during the month of May each year for the purpose of selecting members of the school council as required by this Code section. The electing body for the parent members shall consist of all parents and guardians eligible to serve as a parent member of the school council, and the electing body for the teacher members shall consist of all certificated personnel eligible to serve as a teacher member of the school council.
(h) The school council shall adopt such bylaws as it deems appropriate to conduct the business of the council. The adoption of bylaws or changes thereto requires five affirmative votes.
(i) The school council shall have the same immunity as the local board of education in all matters directly related to the functions of the council.
(j)(1) The officers of the council shall be a chairperson, vice chairperson, and secretary. Officers of the council, other than the chairperson, shall be appointed by resolution of the council at the first meeting of the council following the election of school councilmembers. The officers of the council shall hold office concurrently with the term of members of the council.
(2) The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall from time to time be imposed upon him or her by the council.

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(3) The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council or the chairperson, under whose supervision the secretary shall be.
(k) The members of the council are accountable to the constituents they serve and shall:
(1) Maintain a school-wide perspective on issues;
(2) Regularly participate in council meetings;
(3) Participate in information and training programs;
(4) Act as a link between the school council and the community; and
(5) Encourage the participation of parents and others within the school community.
(l) The minutes of the council shall be made available to the public, for inspection at the school office, and shall be provided to the councilmembers, each of whom shall receive a copy of such minutes within 20 days following each council meeting. All school councils shall be subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, in the same manner as local boards of education.
(m) At all meetings of the council every question shall be determined by a majority vote of members present, representing a quorum.
(n) The term of office of all councilmembers shall begin on July 1 and end on June 30.
(o) The council may appoint committees, study groups, or task forces for such purposes as it deems helpful and may utilize existing or new school advisory groups.
(p) The local board of education shall provide all information not specifically made confidential by law, including budget information, to the council as requested. The local board shall also designate an employee of the school system to attend council meetings as requested by a school council for the purpose of responding to questions the council may have concerning information provided to it by the local board or actions taken by the local board.
(q) The local board of education shall receive all recommendations of the school council, including the annual report, and shall have the authority to overturn any decision of the school council as follows:
(1) Notice shall be given to the community of the local board's intent to consider school council reports, recommendations, appointments, or any other decision of a school council;
(2) Written notice shall be given to the members of the school council at least seven days prior to such local board meeting, along with a notice of intent to consider a council report, recommendation, appointment, or any other decision of the council;
(3) The members of the school council shall be afforded an opportunity to present information in support of the school council's action; and
(4) A majority of the board members present, representing a quorum, vote to overturn the council decision.
The local board of education shall respond to each recommendation of the school council within 60 days after being notified in writing of the recommendation.
(r) The school principal shall have the following duties pertaining to school council activities:

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(1) Cause to be created a school council pursuant to this Code section by convening the appropriate bodies to select school councilmembers; setting the initial agenda, meeting time, and location; and notifying all school councilmembers of the same;
(2) Serve as chairperson of the school council and perform all of the duties required by law and the bylaws of the council;
(3) Speak for and represent the council in all school council matters before the local board of education;
(4) Communicate all council requests for information and assistance to the local school superintendent and inform the council of responses or actions of the local school superintendent;
(5) Develop the school improvement plan and school operation plan and submit the plans to the school council for its review, comments, recommendations, and approval; and
(6) Develop the agenda for each meeting of the council after taking into consideration suggestions of councilmembers and the urgency of school matters. An item may be added to the agenda at the request of three or more councilmembers.
(s) School councils are advisory bodies. The councils shall provide advice and recommendations to the school principal and, where appropriate, the local board of education on any matter, including but not limited to, the following:
(1) School calendar;
(2) School codes for conduct and dress;
(3) Curriculum, program goals, and priorities;
(4) The responses of the school to audits of the school as conducted by the Office of Education Accountability;
(5) Preparation and distribution to the community of a school profile which shall contain data as identified by the council to describe the academic performance, academic progress, services, awards, interventions, environment, and other such data as the council deems appropriate;
(6) In the case of a vacancy in the position of school principal, the recommendation of a school principal from a list of qualified applicants submitted by the local board of education and local school superintendent to the council;
(7) School budget priorities, including school capital improvement plans;
(8) School-community communication strategies;
(9) Methods of reporting to parents and communities other than through the school profile;
(10) Extracurricular activities in the school;
(11) School-based and community services;
(12) Community use of school facilities;
(13) Recommendations concerning school board policies;
(14) Receiving and reviewing reports from the school principal in executive sessions regarding the performance of school personnel in achieving the school's student achievement goals; provided, however, that such sessions shall be subject to Code Section 50-14-3; and

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(15) The method and specifications for the delivery of early intervention services."
SECTION 8.
Said chapter is further amended by striking in its entirety Code Section 20-2-131, relating to the objectives and purposes of the Quality Basic Education Program, and inserting in lieu thereof a new Code Section 20-2-131 to read as follows:
"20-2-131.
The General Assembly of Georgia, recognizing the need for:
(1) Implementing a quality basic education curriculum in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen of high character;
(2) Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in order that they may realize their potential;
(3) Providing an equitable public education finance structure which ensures that every student has an opportunity for a quality basic education, regardless of where the student lives, and ensures that all Georgians pay their fair share of this finance structure;
(4) Establishing and maintaining state-wide standards which ensure that each student has access to a quality program;
(5) Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state;
(6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies and perform to their potential throughout their career;
(7) Providing local school systems with the incentives, resources, and technical assistance they need to plan and implement improvements in their programs on a continuing basis;
(8) Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia;
(9) Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems; and
(10) Providing an accountability system to ensure that all students are receiving a quality instructional program so that all students can achieve at their highest level;
(11) Providing a seamless education system to allow for the delivery of educational programs at all levels and the movement of students between programs and education agencies as efficiently and effectively as possible and to provide for coordination on a continuing basis between agencies responsible for education services;
(12) Providing a safe school environment so that students can learn and mature without fear of violence or intimidation;
(13) Providing access to nursing services so that teachers can deliver instructional services without the added responsibility of addressing students' nursing needs and so that students can receive nursing services while at school;

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(14) Providing academic intervention programs designed to assist students who are below grade level in order to increase their mastery of critical academic knowledge and skills;
(15) Providing an alternative educational environment for those students who need a different educational structure in order to properly master critical academic knowledge and skills and to provide an environment where they can stay in school and acquire the knowledge and skills necessary for a productive life;
(16) Providing students with advice and assistance in planning their academic and work careers and achieving those goals;
(17) Providing an evaluation process for all school system personnel to assure the public that personnel are performing at acceptable levels and providing quality educational services to all students;
(18) Providing an environment where parents and the community can participate in school activities and support school personnel as they work with students and address their academic needs;
(19) Providing for parent and community participation in the establishment of school programs, policies, and management so that the school and community are connected in meaningful and productive ways and providing support for teachers and school leaders in addressing the school's needs; and
(10)(20) Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to ensure a literate and informed society
does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality instruction, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin."
SECTION 9.
Said chapter is further amended by striking in its entirety Code Section 20-2-132, relating to the primary goals of the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-132 to read as follows:
"20-2-132.
It is the intent of the General Assembly that the primary goals of this article shall be as follows:
(1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction;
(2) A decrease in the percentage and number of students who enter school but drop out prior to graduation;
(3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty;
(4) A decrease in the percentage of students who fail the State Basic Skills Test in the tenth grade Georgia High School Graduation Test;
(5) A significant increase in the test scores of Georgia students who take the Scholastic Aptitude Assessment Test (SAT) or the American College Test (ACT); and
(6) An increase in the number of students mastering each skill in reading, mathematics, and other subject areas.;
(7) An accountability system for education programs that measures efficiency and effectiveness and ensures that programs produce improvement in student achievement scores for all students;

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(8) A comprehensive program and financial information system that provides data that allow for the accurate evaluation of program effectiveness;
(9) A seamless education system that allows students to be served in the most effective and efficient way possible;
(10) The elimination of school violence;
(11) A decrease in the percentage of students below grade level;
(12) An increase in parental and community involvement in schools;
(13) Better coordination between education agencies and other organizations providing instructional and related services to students;
(14) A more competent school work force through the effective use of evaluation tools, training, and school improvement teams that promote best practices; and
(15) More flexibility for high-performing schools so that services can be better adapted to student needs."
SECTION 10.
Said chapter is further amended by striking paragraph (4) of subsection (b) of Code Section 20-2-151, relating to general and career education programs under the "Quality Basic Education Act," and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4)(A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career fields as well as to prepare them to take their places in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purposes of funding under this article:
(i) The high school education program which includes general, vocational, and college preparatory classes ; and
(ii)-The nonvocational high school laboratory program; and
(iii)(ii) The vocational laboratory program.
(B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the nonvocational high school laboratory and vocational laboratory programs program shall be funded at a higher levels level than the high school general education program. The state board shall adopt criteria which courses must meet in order to qualify for either the nonvocational high school laboratory or the vocational laboratory program."
SECTION 11.
Said chapter is further amended by striking in its entirety Code Section 20-2-153, relating to the special instructional assistance program for students with developmental disabilities under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-153 to read as follows:
"20-2-153.
The State Board of Education shall create a special instructional assistance program create an early intervention 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. The kindergarten early intervention program shall serve students enrolled in grade kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. Only students enrolled in grades kindergarten through five with documented developmental levels below expectations for their respective ages that are not

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attributable to an identified disabling condition and who are not enrolled in either the remedial education program or counted for full-time equivalent purposes for any of the special education programs shall be eligible for the special instructional assistance program early intervention program; provided, however, that students with physical disabilities whose special education services consist solely of therapy related to the physical disability shall be eligible for the special instructional assistance program early intervention program if they meet all other criteria of this Code section. The purpose of the early intervention program shall be to provide additional instructional resources to help students who are below grade level obtain the necessary academic skills to reach grade level in the shortest possible time. The definition of below grade level shall be that as defined by the Office of Education Accountability and adopted by the Education Coordinating Council and State Board of Education. In developing accountability standards for schools, the Office of Education Accountability shall consider the length of time that students spend in the early intervention program as one of the determinants of performing and nonperforming schools. Students should be moved into, provided assistance, and moved out of this program. It is not the intent of the General Assembly that students be assigned to this program on a continuing or permanent basis. The school shall provide timely notice and an opportunity for a conference with the student and his or her parents or guardians to discuss the student's developmental deficiencies and options for addressing those deficiencies. The specifications for delivery of early intervention services shall be the responsibility of local boards of education except that the program rules and regulations adopted by the State Board of Education shall be followed in designing the program delivery models. Funding for the early intervention program shall have a full-time equivalent base class size of one teacher to 11 students. The state board shall specify the instruments and process used to determine student eligibility for this program, including specification of the student eligibility criteria to be applied, the allowable 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 number 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 documentation of the number of eligible students estimated to be served; provided, however, 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 youngest eligible students in each local school system the number of students served in the early intervention programs as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-160."
SECTION 12.
Said chapter is further amended by striking in its entirety Code Section 20-2-154, relating to the remedial education program under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-154 to read as follows:
"20-2-154.
(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective reading, mathematics, or writing deficiencies beginning fiscal year 1992. The following students shall be eligible for remedial education services, except as provided in subsection (b) of this Code section:
(1) Students in grades two through four and five and grades nine through 12 may be eligible for services if they meet two or more of the following criteria:
(A) The student has been through the formal student support team process and has documented evidence to support the placement in remedial education;
(B) The student has been retained in the grade;

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(C) The student is receiving services under Part A of Chapter 1 of Title 1 of the Elementary and Secondary Education Act of 1965, as amended by the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (Public Law 100-297) Improving America's Schools Act of 1994 (Public Law 103-382);
(D) The student has been recommended by the teacher who has documented any of the following student information:
(i) Low performance in the reading series system;
(ii) Low performance in the math mathematics series; or
(iii) The student is unable to verbally express ideas and cannot write or dictate a meaningful sentence; or
(E) Current test information in the student file indicates the student has a score at or below the 25 twenty-fifth percentile; and
(2) Students in grades two through four and five and grades nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (IEP's) specify that they meet the eligibility requirements specified in paragraph (1) of this subsection and that their special education program is not designed to address their respective reading, mathematics, or writing deficiencies.
No more than 25 percent of the school full-time equivalent population in eligible grades as specified in paragraphs (1) and (2) of this subsection shall be eligible for the remedial program; provided, however, that the State Board of Education may develop regulations whereby a higher percentage may be eligible if the percentage of students receiving free and reduced price lunches exceeds 50 percent.
(b) The following students shall not be eligible for the remedial education program:
(1)-Students who are receiving services under the special instructional assistance program as authorized by Code Section 20-2-153; or
(2) Students who are receiving instruction under the special education program that is designed to address their respective reading, mathematics, or writing deficiencies shall not be counted for funding for the remedial education program.
(c) Students in grades two through four and five shall only receive instruction at any given time at their current performance level or slightly above such level in the subject matter areas for which they are eligible under the provisions of this Code section; provided, however, that the program of instruction is designed to move the student to grade level or higher in the shortest possible time while ensuring mastery as the student progresses. Each local unit of administration shall submit to the State Board of Education by July 1 of each year the average achievement scores by subject area and grade level of all students who were receiving instructional services under the provisions of this Code section, except those students whose Individualized Education Programs under the special education program state they shall not be administered such achievement tests. If appropriate evaluation data are not received from a local school system by the state board by July 1 of each year, after a hearing has been held for the system, the subsequent allocation of funds under this Code section for the next fiscal year shall be withheld in accordance with the procedure specified in Code Section 20-2-243. The state board shall monitor each local school system's remedial education program at least once each year. The state board shall annually request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for disadvantaged children when such staff is used to evaluate the remedial education program under this Code section in conjunction with the evaluation of the federal compensatory education program for disadvantaged children in the same local school system."
SECTION 13.

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Said chapter is further amended by striking in its entirety Code Section 20-2-155, relating to the school climate management program, model codes of behavior and discipline, and the in-school suspension program under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-155 to read as follows:
"20-2-155.
(a) The State Board of Education shall establish a state-wide school climate management program to help local schools and systems requesting assistance in developing school climate improvement and management processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, administrator, and other school personnel participation. These processes will be designed for, but will not be limited to, promoting positive gains in student achievement scores, student and teacher morale, community support, and student and teacher attendance, while decreasing student suspensions, expulsions, dropouts, and other negative aspects of the total school environment. The state board upon request is authorized to provide the necessary on-site technical assistance to local schools and systems and to offer other assistance through regional and state-wide conferences and workshops, printed material, and such other assistance as may be deemed appropriate under this subsection. The state board shall, upon request of a local school system, produce model codes of behavior and discipline and shall produce guidelines for application and administration of such codes. The results of this program shall be annually presented to the General Assembly for review in determining future appropriations for state-level technical assistance necessary to perform the duties assigned to the state board under this Code section.
(b)-The State Board of Education is authorized to create an in-school suspension program. As the vast majority of the students who disrupt public school classrooms are also experiencing problems in mastering classroom assignments and are below expectation in their academic achievement, it is the policy of this state that it is preferable to reassign disruptive students to isolated, individually oriented in-school suspension programs rather than to suspend or expel such students from school. Therefore, the primary purposes of the in-school suspension program are to isolate the offending students from the regularly assigned classrooms and activities of the school, to continue progress relative to classroom assignments, and to provide individually oriented instruction in essential skills and knowledge areas for which low achievement levels are contributing to the students' adjustment problems. The in-school suspension programs may be housed in the regularly assigned schools, special schools specifically organized for such programs, or alternative schools, provided the suspended students are isolated from typical school activities until they demonstrate sufficient adjustment to warrant their returning to their previously assigned classes. The state board shall adopt regulations, standards, and eligibility criteria necessary to guide the effective operation of state supported in-school suspension programs. 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 documentation of the number of eligible students estimated to be served; provided, however, 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."
SECTION 14.
Said chapter is further amended by striking in its entirety Code Section 20-2-156, relating to the program for limited-English-proficient students under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-156 to read as follows:
"20-2-156.
The State Board of Education shall create a program for limited-English-proficient students whose native language is not English, subject to appropriation by the General Assembly. The purpose of this program is to assist such students to develop proficiency in the English language, including listening, speaking, reading, and writing, sufficient to perform effectively at the currently assigned grade level. 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 documentation of the number of eligible students estimated to be served; provided, however, 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

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appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. The state board shall prescribe such rules and regulations regarding eligibility criteria and standards as may be needed to carry out the provisions of this Code section. This program may also be referred to as the English for speakers of other languages (ESOL) program."
SECTION 15.
Said chapter is further amended in Part 3 of Article 6, relating to educational programs under the "Quality Basic Education Act," by adding a new Code section, to be designated as Code Section 20-2-156.1, to read as follows:
"20-2-156.1.
The State Board of Education shall establish an extended day program for students in grades nine through 12. Each year the state board shall request funds sufficient to provide for the development and supervision of an extended day program during the regular school year."
SECTION 16.
Said chapter is further amended by repealing subsections (e) and (f) of Code Section 20-2-160, relating to the determination of enrollment by institutional program and the determination of funds to be appropriated under the "Quality Basic Education Act," which read as follows:
"(e) After such time as the student information portion of the state-wide comprehensive educational information network has been implemented pursuant to Code Section 20-2-320, and after such time as the second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, the average, as calculated pursuant to subsection (d) of this Code section, of the local school system's two full-time equivalent program counts for the current fiscal year shall serve as the full-time equivalent count used to allot the funds needed to finance each respective program for the ensuing fiscal year. In the event that funds needed for this purpose exceed the amount appropriated for this purpose, the additional needed funds shall be drawn from an amount to be appropriated annually by the General Assembly for this purpose. Prior to the completion of the student information component of said information network, and prior to such time as the second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, allotment of funds needed to finance each respective program for the ensuing fiscal year shall be based on the average, as calculated pursuant to subsection (d) of this Code section, of the local system's first full-time equivalent program count and the projected second full-time equivalent program count for the current fiscal year.
(f) For any fiscal year beginning July 1, 1996, the maximum number of full-time equivalent students eligible for funding in any school system for the high school nonvocational laboratory program shall be equal to no more than 30 percent of the sum of those students counted in the programs specified in paragraphs (5), (6), and (7) of subsection (b) of Code Section 20-2-161. Full-time equivalent students in excess of this 30 percent number shall be counted in the high school general education program."
SECTION 17.
Said chapter is further amended by striking subsections (b), (e), and (f) of Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in lieu thereof new subsections (b), (e), and (f) to read as follows:
"(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights and teacher-student ratios:

(1) Kindergarten program

1.3210 1.3405 weight and 1 to 15 ratio

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(2) Kindergarten early intervention program
(2)(3) Primary grades program (1-3)
(4) Primary grades early intervention program (1-3)
(3)(5) Upper elementary grades program (4-5)
(4)(6) Middle grades program (6-8)
(7) Middle school program (6-8) as defined in Code Section 20-2-290
(5)(8) High school general education program (9-12)
(6) High school nonvocational laboratory program (9-12) (7)(9) Vocational laboratory program (9-12)
(8)(10) Program for persons with disabilities: Category I

1.7082 weight and
1 to 11 ratio
1.2424 1.2689 weight and 1 to 17 ratio
1.7556 weight and
1 to 11 ratio
1.0067 1.0289 weight and 1 to 23 ratio
1.0122 1.0218 weight and 1 to 23 ratio
1.1196 weight and
1 to 20 ratio
1.0000 weight and
1 to 23 ratio
1.1604
1.2719 1.2052 weight and 1 to 20 ratio
2.3561 2.3272 weight and 1 to 8 ratio

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(9)(11) Program for persons with disabilities: Category II
(10)(12) Program for persons with disabilities: Category III
(11)(13) Program for persons with disabilities: Category IV
(12)(14) Program for persons with disabilities: Category V
(13)(15) Program for intellectually gifted students: Category VI
(14)(16) Remedial education program
(17) Alternative education program
(18) English for speakers of other languages (ESOL) program

2.7406 2.7111 weight and 1 to 6.5 ratio
3.4857 3.4485 weight and 1 to 5 ratio
5.6338 5.5742 weight and 1 to 3 ratio
2.4473 2.4136 weight and 1 to 8 ratio
1.6453 1.6255 weight and 1 to 12 ratio
1.2918 1.2864 weight and 1 to 15 ratio
1.5613 weight and
1 to 15 ratio
2.4317 weight and
1 to 7 ratio"

"(e) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated professional personnel who were employed by the local school system as of the month of June October for the most recent year that these data are available; provided, however, that the amount needed for training and experience for personnel funded through categorical grants shall only be included in the appropriate categorical grant. The amount shall be

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reported for each program identified in subsection (b) of this Code section for each full-time equivalent program count date and by segment of the school day and for each categorical program. Such additional amount shall be known as 'program adjustment amount for training and experience' and this amount shall be noted in total in the language section of the General Appropriations Act each year.
(f) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to shall appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, the Governor's office, and representatives of local school systems."
SECTION 18.
Said chapter is further amended by striking in its entirety Code Section 20-2-162, relating to the annual recalculation of the amount of funding and the midterm adjustment under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-162 to read as follows:
"20-2-162.
(a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education Formula for the midterm adjustment for the current fiscal year using the average of the first and the projected second full-time equivalent counts for the current fiscal year, with the first full-time equivalent count weighted two parts and the projected second full-time equivalent count weighted one part; provided, however, that after such time as the student information portion of the state-wide comprehensive educational information network has been implemented pursuant to Code Section 20-2-320, and after such time as the second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, then if the second full-time equivalent count for the current fiscal year is lower than the projected second count, the midterm adjustment shall be calculated using the average of the two actual full-time equivalent counts for the current fiscal year, with the first full-time equivalent count weighted two parts and the second full-time equivalent count weighted one part. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instructional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of any or all of the instructional programs specified in Code Section 20-2-161 which had full-time equivalent counts pursuant to this Code section that are higher than the full-time equivalent counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or service explicitly excluded from the full-time equivalent count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average full-time equivalent count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment.
(b) A midterm adjustment in a local school system's local fair five mill share shall be made if:
(1) The most recent actual property tax digest for educational maintenance and operation of a local school system, as approved by the Department of Revenue, is less than the actual property tax digest for educational maintenance and operation approved by the Department of Revenue for the year used initially to calculate the system's local fair five mill share pursuant to Code Section 20-2-164, and such reduction is due to more accurate assessments or actual loss in tangible property or a combination of these factors as determined by the Department of Revenue; and

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(2) The most recent equalized adjusted school property tax digest for the local school system is less than the equalized adjusted school property tax digest for the year used initially to calculate the system's local fair five mill share.
Such a midterm adjustment shall be made by reducing the initial local fair five mill share by the percentage decrease over the most recent two years in the actual property tax digest for educational maintenance and operation. The gross value of property prior to deduction of any exemptions shall be used throughout the calculations under this subsection. The provisions of this subsection shall apply only to the midterm adjustment of local fair five mill share as provided in this Code section.
(c)-A midterm adjustment shall be made for any local school system which qualifies for the middle school grant and is in the first year of operation of a middle school program which satisfies all criteria set forth in Code Section 20-2290 as well as any additional criteria established through policy of the State Board of Education. The amount of such midterm adjustment shall be calculated in the same manner as is specified in Code Section 20-2-290 for school systems which have qualified for the middle school grant by operating middle school programs for one or more prior years. To be eligible to receive this midterm adjustment, a local school system must also meet the following requirements:

(1)-The local school system must submit an application to the State Board of Education during the fiscal year prior to the year of implementation of the qualifying program, adhering to application procedures and deadlines established by the state board; and
(2)-The Department of Education must verify that the middle school program meets all established criteria through site visits to each school for which application has been made to be conducted no later than December 1 of the school year in which the middle school program is implemented."
SECTION 19.
Said chapter is further amended by striking subsections (a), (b), and (h) of Code Section 20-2-164, relating to local fair share funds under the "Quality Basic Education Act," and inserting in lieu thereof new subsections (a), (b), and (h) to read as follows:
"(a) The State Board of Education shall calculate the amount of local fair five mill share funds that each local school system shall be required to spend each fiscal year to support participate in the Quality Basic Education Program as follows:
(1) Unless the combined fair local five mill share total for all local school systems in the state, when calculated pursuant to this paragraph, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, the amount of each local school system's local fair five mill share shall be calculated as follows:
(A) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;
(B) From the amount calculated in subparagraph (A) of this paragraph deduct the total amount calculated pursuant to subsection (g) of this Code section; and
(C) Multiply the remainder calculated in subparagraph (B) of this paragraph by .005; or
(2) If the combined fair local five mill share total for all local school systems in this state, when calculated pursuant to paragraph (1) of this subsection, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, then the amount of each local system's fair share shall be calculated as follows:

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(A) Multiply the total amount of Quality Basic Education Formula amounts to be expended for all local school systems combined, as calculated for each local school system pursuant to Code Section 20-2-161, by .2;
(B) Divide the product calculated in subparagraph (A) of this paragraph by the sum of the local fair five mill share amounts for all local school systems in this state as calculated for each local school system pursuant to subparagraph (C) of paragraph (1) of this subsection;
(C) Multiply the amount calculated in subparagraph (B) of this paragraph by .005; and
(D) Multiply the product calculated in subparagraph (C) of this paragraph by the remainder calculated in subparagraph (B) of paragraph (1) of this subsection.
(b)(1) Each local school system shall apply the total amount of its local fair five mill share funds to any combination of programs funded under this article and in the manner so earned as indicated on the allotment sheets as provided by the State Board of Education; provided, however, that no portion of the local fair five mill share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any grant program which explicitly excludes the application of local funds or which explicitly requires an application of local funds other than from the local fair five mill share.
(2) The local school system may apply revenues toward the local fair five mill share from any source except: funds derived from the federal government which were not designed to replace local tax revenues; state funds; student tuition and fees; funds transferred from another local unit of administration; and other sources specifically prohibited by provisions of this article; provided, however, that an independent school system may apply appropriations from the taxing authority of its municipal government."
"(h) In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system toward the support of in order to participate in the Quality Basic Education Program as defined by this article during any fiscal year, the State Board of Education shall calculate the total amount of such funds and add that amount to the local fair five mill share being required of the local school system for an ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an amount of funds to the state general fund, the state board shall add said amount to the local fair five mill share of the local school system for an ensuing fiscal year if the state board has not been provided documentation that the amount has already been paid to the state general fund. Such additions will thereby reduce the amount of state funds which shall be allotted to such local school systems. If a local school system does not fulfill its obligation relative to its assessed local fair share to provide a local five mill share or to comply with any other provisions of this article for any fiscal year, the state board may withhold any portion or all of the state funds to be allotted during the current or an ensuing fiscal year."
SECTION 20.
Said chapter is further amended by striking in its entirety Code Section 20-2-165, relating to calculation and allocation of equalization grants under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-165 to read as follows:
"20-2-165.
(a) As used in this Code section, the term:
(1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted school property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164.
(2) 'Assessed valuation per weighted full-time equivalent' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent for the year of the digest.

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(3) 'Average weighted full-time equivalent count' is defined as the first count of a fiscal year weighted two parts and the second count weighted one part.
(4) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000.
(5) 'Eligible full-time equivalent program count' is defined as the sum of the full-time equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 1986 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order.
(6) 'Equalized adjusted school property tax digest' is defined as the most recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 202-164.
(7) 'Guaranteed valuation school system' is defined as the local school system ranking at the ninetieth seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent. For the purpose of determining the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system.
(8) 'Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds.
(9) 'Most recent average weighted full-time equivalent count' is defined as the average of the two most recent weighted full-time equivalent counts.
(10) 'Qualified local school system' is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local fair five mill share pursuant to subsection (a) of Code Section 20-2-164.
(11) 'Weighted full-time equivalent count' is defined as the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent counts were obtained pursuant to Code Section 20-2-161.
(12) 'Weighted full-time equivalent for the year of the digest' is defined as the average of the two weighted full-time equivalent counts taken during that fiscal year beginning during the year of the digest.
(b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner:
(1) Subtract the assessed valuation per weighted full-time equivalent for the local school system from the assessed valuation per weighted full-time equivalent for the guaranteed valuation school system;
(2) Divide the difference resulting from paragraph (1) of this subsection by 1,000;

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(3) Subtract five from the effective millage rate for the local school system and use the resulting number of effective mills or 3.25 15 effective mills, whichever is less, as the number of effective mills to be equalized;
(4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection;
(5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted fulltime equivalent count for the local school system; and
(6) The resulting amount, calculation amount A, shall be the equalization grant for the ensuing fiscal year; provided, however, that for fiscal year 2001 the amount shall be adjusted by calculating a second amount, calculation amount B, under subsection (b) of this Code section by replacing the seventy-fifth percentile school system with the ninetieth percentile school system for the guaranteed valuation school system and subtracting five from the effective mills and using the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized, and subtracting the resulting amount from calculation amount A and multiplying the resulting amount by .25 and adding that amount to calculation amount B; provided, further, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be recalculated to represent the amount that would be earned if the students transferred under said contract were included in the full-time equivalent counts of the local school system in which they reside; provided, further, that any recalculated equalization grant to be earned by a local school system sending students to another system under the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted full-time equivalent student multiplied by the total weighted full-time equivalent count for students transferred, and any recalculated equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. The amounts so recalculated shall be the equalization grants for such local school systems. The recalculations shall occur after the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system has been calculated and shall not affect the calculation of the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system.
(c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion of local fair five mill share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems.
(d) The amount of funds appropriated each year under this Code section, for a period not to exceed five years beginning with fiscal year 2002, may be adjusted to allow school systems that are losing funds due to a change from the ninetieth percentile guaranteed valuation school system to the seventy-fifth percentile guaranteed valuation school system sufficient time to adjust their local programs."
SECTION 21.
Said chapter is further amended by striking subsections (a) and (b) of Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs and the establishment of a computerized uniform budget and accounting system under the "Quality Basic Education Act," and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a)(1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2161, specifying the number of positions earned and salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (h) of

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Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the four five instructional programs for disabled students shall be summed into one amount for special education. For each program, each local school system shall spend a minimum of 90 percent of the funds designated for direct instructional costs on the direct instructional costs of such program, except as modified in this paragraph. Each local school system shall spend the sum of all funds designated for operational costs for such operational costs, summed across all programs. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts and the sum of funds designated for operational costs shall be increased by the portion of the midterm adjustment allotment which is applied to the direct instructional costs of an instructional program. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 but does enroll a greater full-time equivalent count than was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 as reflected in the midterm calculations, the local school system shall be authorized to increase the 90 percent amount for the appropriate portions of the direct instructional costs of any or all of the instructional programs which experienced the greater than anticipated full-time equivalent counts and reduce the 90 percent amount for the appropriate portions of the direct instructional costs of the instructional programs which experienced the lower than anticipated full-time equivalent counts; provided, however, that the combined amount of such reductions shall be equal to the combined amount of increases in the 90 percent amounts for programs with greater than anticipated fulltime equivalent program counts; provided, further, that the 90 percent amounts for direct instructional costs for any instructional program which experienced a lower than anticipated full-time equivalent count shall not be reduced below the 90 percent amount reflected in the midterm calculations. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for a program authorized pursuant to Code Section 20-2-161 and it elects to return a portion of that allocation for direct instructional costs to the state, the 90 percent amount for the appropriate portions of the direct instructional costs of that program shall be reduced by that returned amount. Following the midterm adjustment, the state board shall issue allotment sheets for each school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional costs of such program at the school site in which the funds were earned, except that funds earned for special education programs shall be summed for the purposes of this expenditure control. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2-212 plus associated benefits funded by the state and the salaries of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense; provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 20-2-182, adjusted for maximum class size, for the kindergarten program, the primary grades (1-3) program, the kindergarten early intervention program, and the primary grades (1-3) intervention program combined and the combined total for all other programs shall be employed for the delivery of services for which the funds were earned. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other programs specified by that Code section must be returned to the state treasury.
(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a minimum of 90 percent of the funds designated for media center salary costs for such salaries and 90 percent of the funds designated for media center materials costs for such materials. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 and 100 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the media center costs. In the event a local school system does not actually enroll the full-time equivalent count that

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was anticipated by its initial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 or 100 percent amount for the appropriate portions of the media center costs shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the 90 percent amount required by this paragraph to be expended by a local school system for media center salary costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161. Following the midterm adjustment, the state board shall issue allotment sheets for each school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for media center costs for such costs, and a minimum of 90 percent of such funds shall be spent at the school site in which such funds were earned.
(3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 100 percent of the total funds designated for staff development and professional development programs for certificated and classified personnel and local school board members and for meeting the certification requirements needed by personnel to continue in currently assigned positions. Following the midterm adjustment, the state board shall issue allotment sheets for each school system and each school reflecting the total amount, initial earnings, and midterm adjustment, if any, of earnings for each program specified in subsection (b) of Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for staff and professional development costs, as allowed by State Board of Education policy, for such costs. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development and professional development costs to the state, the 100 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Section 20-2-182.
(4) In the event any local school system should fail to encumber at least 90 percent of the funds specified in paragraph (1) of this subsection, 90 percent of the funds specified in paragraph (2) of this subsection for media center salary costs, 100 percent of the funds specified in paragraph (2) of this subsection for media center materials costs, or the funds designated for operational costs in paragraph (1) of this subsection, the state board shall increase the local fair share for an ensuing year by the difference between the actual amounts encumbered and the 90 or 100 percent amounts or the funds designated for operational costs calculated pursuant to this subsection. All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article.
(5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a 'surplus' or 'unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget for any year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that year's total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expenditure of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from

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accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose.
(b)(1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational information network system established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved;
(B) Whether basic education or enrichment in purpose;
(C) Fund source or sources; and
(D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development.
(2) The state board is authorized to shall prescribe information that must be submitted to the state board and the time it must be submitted. In determining the information needed and the time for submission, the state board shall take into consideration the information and times identified by the Office of Education Accountability as necessary to the implementation of an accountability plan for the state. The state board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting."
SECTION 22.
Said chapter is further amended by striking in its entirety Code Section 20-2-181, relating to the calculation of program weights based on base school size under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-181 to read as follows:
"20-2-181.
The calculation of all program weights shall reflect a base size local school system of 3,300 full-time equivalent students. The calculation of program weights for the kindergarten program, the kindergarten early intervention program, the primary grades (1-3) intervention program, the primary grades (1-3) program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calculation of program weights for the middle grades (6-8) program, the middle school (6-8) program, the special education programs, and the remedial education program, and the English for speakers of other languages program shall reflect a base school size of 624 full-time equivalent students. The calculation of the program weights for the high school general education program and the high school nonvocational and vocational laboratory programs program shall reflect a base school size of 970 full-time equivalent students. The calculation of program weights for the alternative education program shall reflect a base school size of 100 full-time equivalent students, except that the calculations for secretaries and media personnel shall reflect a base school size of 624 full-time equivalent students."
SECTION 23.
Said chapter is further amended by striking in its entirety Code Section 20-2-182, relating to the calculation of program weights based on payment of salaries and benefits under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-182 to read as follows:
"20-2-182.

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(a) The program weights, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of all teachers needed to provide essential classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students, subject to appropriation by the General Assembly.
(b) The program weights for the kindergarten program, the primary grades program, and the remedial education program, when multiplied by the base amount, shall reflect sufficient funds to provide instructional aides to assist teachers; provided, however, that pursuant to subsection (a) of Code Section 20-2-167 funds earned by a local school system for direct instructional costs of any program specified in Code Section 20-2-161 may be used to employ instructional aides. Further, the program weights for the upper elementary grades (4-5) program and the middle grades (6-8) program, when multiplied by the base amount, shall reflect the cost of providing teachers with clerical assistance for a limited portion of each school day, subject to appropriation by the General Assembly.
(c)(b) The program weights for the primary, primary early intervention, upper elementary, and middle grades, and middle school programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, and physical education, subject to appropriation by the General Assembly.
(d)(c) The program weight weights for the kindergarten, kindergarten early intervention, primary, primary early intervention, upper elementary, middle grades, middle school, and alternative education, programs program and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to provide essential guidance services to students and whose duties and responsibilities shall be established by the state board to require a minimum of five of the six full-time equivalent program count segments of the counselor's time to be spent counseling or advising students .
(d) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for technology specialists needed to provide essential technology services.
(e) The program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to provide for the development and supervision of an extended day program during the regular school year. Further, said program weights, when multiplied by the base amount, shall reflect sufficient funds to provide teachers with a preparation period free of assigned students.
(f) The program weights for the high school nonvocational laboratory program and the vocational laboratory program, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of laboratory supervisors in each such program.
(f.1) The program weights for the kindergarten, kindergarten early intervention, primary, primary early intervention, upper elementary, middle grades, middle school, remedial, and alternative education programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs such as, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes.
(g) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, payments to teachers for unused sick leave, the employer's portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly. The State Board of Education shall withhold from the allotment for each local school system which operates an independent retirement program the amount intended to pay the employer's portion of costs for membership in the Teachers Retirement System of Georgia. The state board shall remit the amount withheld directly to the Teachers Retirement System of Georgia.

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(h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) of Code Section 20-2-161, an amount of funds for the purpose of providing staff and professional development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 1.5 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall also reflect an amount of funds for the purpose of providing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropriation by the General Assembly. Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participation; provided, however, that such limit shall be adjusted annually, consistent with the percentage increase in the salary base determined pursuant to Code Section 20-2-212. No stipends shall be provided for less than one credit hour participation or for more than 15 hours within the fiscal year. Each credit hour shall require ten contact hours of participation. Funds used for professional or staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet professional or staff development needs in the order of priority determined by the local board of education within the comprehensive professional and staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Such professional and staff development program plan shall address deficiencies of certificated personnel as identified by evaluations required under Code Section 20-2-210. Where possible, professional and staff development funds shall be used for activities that enhance the skills of certificated personnel and directly relate to student achievement. Subsequent certificated personnel evaluations shall include an assessment of an employee's professional and staff development activities and their effect on identified deficiencies and student achievement. Funds for professional development stipends purposes may be used for activities occurring at any time during the fiscal year outside of an employee's normal contract hours. If any portion of professional development funds are not expended by a local school system for these purposes, that portion shall be returned to the state. Such staff and professional development activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232.
(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article , the middle school program provided for in Code Section 20-2-290, and the alternative education program provided for in Code Section 20-2-769 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the class sizes teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 10 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 10 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the maximum class size for grades one through three shall not exceed 10 percent over the funding ratio except for art, music, or physical education classes. For a period not to exceed four years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with the State Board of Education rules. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 19992000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year so that, beginning with the 2003-2004 school year, State Board of Education rules are in compliance with this subsection. An aide may be used to increase the maximum class size in kindergarten from 17 to 20 and may be used in all other programs to increase class size as allowed by State Board of Education rule, except that an aide shall not be used to increase the maximum class size in grades one through three. Maximum class sizes for the kindergarten and primary grades programs refers to the number of students in a physical classroom. Maximum class sizes that result in a fractional full-time equivalent shall be rounded up to the nearest whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education."

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SECTION 24.
Said chapter is further amended by striking in its entirety Code Section 20-2-185, relating to the calculation of program weights based on payment of salaries for principals and secretaries under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-185 to read as follows:
"20-2-185.
All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of principals and assistant principals as well as the salaries of secretaries essential for the efficient and effective management of the instructional and supportive educational programs of an appropriate base size school pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office in the school, subject to appropriation by the General Assembly."
SECTION 25.
Said chapter is further amended by striking in its entirety Code Section 20-2-186, relating to the allocation of funds for local systems to pay beginning salaries of superintendents, secretaries, and accountants under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-186 to read as follows:
"20-2-186.
(a) Funds provided under this article shall include the following for local systems to pay, on a 12 month basis, the beginning salaries of superintendents, assistant superintendents, and principals and the salaries of secretaries, and accountants, and nurses, subject to appropriation by the General Assembly:
(1) Each local system shall earn, for any number of full-time equivalent students equal to or under 1,000 5,000, funds sufficient to pay the beginning salaries of a superintendent, accountant, and two assistant superintendents and one-half the salary salaries of a secretary and an accountant; and
(2) For numbers of full-time equivalent students over 1,000 5,000 and less than 2,001 10,001, 80 percent of the amount obtained by multiplying the number of students over 1,000 by the amount earned in paragraph (1) of this Code section divided by 1,000 funds sufficient to pay the beginning salaries of a superintendent and four assistant superintendents and the salaries of a secretary and an accountant; and
(3) For numbers of full-time equivalent students over 2,000 10,000, and less than 3,001, 70 percent of the amount obtained by multiplying the number of students over 2,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and funds sufficient to pay the beginning salaries of a superintendent and eight assistant superintendents and the salaries of a secretary and an accountant; and
(4) For numbers of full-time equivalent students over 3,000 and less than 4,001, 60 percent of the amount obtained by multiplying the number of students over 3,000 by the amount earned in paragraph (1) of this Code section divided by 1,000 Each local system shall earn funds sufficient to pay the beginning salary of a principal for each public school in the local system; and
(5) For numbers of full-time equivalent students over 4,000 and less than 10,001, 33 percent of the amount obtained by multiplying the number of students over 4,000 by the amount earned in paragraph (1) of this Code section divided by 1,000 Each local system shall earn funds sufficient to pay the salary of a nurse for each public school in the local system.; and
(6)-For numbers of full-time equivalent students over 10,000, an amount equal to 25 percent of the amount obtained by multiplying the number of students over 10,000 by the amount earned in paragraph (1) of this Code section divided by 1,000.

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All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a visiting teacher for a base size school system pursuant to Code Section 20-2-181 of 2,475 full-time equivalent students and for costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system using a base size of 2,475 full-time equivalent students , subject to appropriation by the General Assembly.
(b) Notwithstanding any provision of this Code section to the contrary, no local system shall earn funds under this Code section, except for funds for nurses, accountants, visiting teachers, school psychologists, and secretaries, if the local board of education has not implemented in a failing school within the system the interventions, as defined in Code Section 20-14-41, that are prescribed by the State Board of Education."
SECTION 26.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 20-2-200, relating to the regulation of certificated professional personnel by the Professional Standards Commission, and inserting in lieu thereof new subsections (b) and (b.1) to read as follows:
"(b)(1) Before granting a renewable certificate to an applicant, the Professional Standards Commission shall require the applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicant's field of certification.
(2) Before granting a renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills , a test of computer skill competency, and an assessment to demonstrate satisfactory on-the-job performance appropriate to the applicant's field of certification. Successful completion of the phase one InTech model training at a state educational technology training center shall be acceptable for certificate renewal purposes. The on-the-job performance of teachers shall be assessed by the instrument developed pursuant to Code Section 20-2-210. When used for initial renewable certification, the extended form version of such instrument shall be used with the following additional requirements: the applicant shall produce for the days to be observed a brief written lesson plan appropriate and sufficient for the demonstration of essential skills; the scheduling of observation periods and intervals between them shall be designed to allow the teacher an adequate opportunity to demonstrate the essential skills; at least one evaluator shall be external to the school system in which the assessment is taking place and each evaluator is certified by the commission as qualified to administer the assessment; on-the-job performance shall be evaluated on criteria set by the commission which will ensure demonstration of effective teaching practices.
(3) An applicant shall be exempted from the written planning portion of the on-the-job assessment requirement pursuant to paragraph (2) of this subsection if:
(A) The applicant has held a professional teaching or service certificate issued by any state in the United States at the baccalaureate degree level or higher and has satisfactorily performed appropriate duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof; or
(B) The applicant has held a professional leadership certificate issued by any state in the United States at a level above the master's degree and has satisfactorily performed appropriate leadership duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as

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determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof.
(4) Exemptions authorized pursuant to paragraph (3) of this subsection shall not apply to those applicants who have taken the on-the-job assessment required for certification more than five times. Any person who qualifies for the exemption granted under subparagraph (A) or (B) of paragraph (3) of this subsection shall receive a nonrenewable certificate valid for a maximum of three years. During those three years, said person shall be eligible for a renewable certificate at such time said person demonstrates satisfactory performance on the nonwritten portion of the required certification assessment. This exemption shall in no way affect other certification requirements of this article or the annual performance evaluation required pursuant to Code Section 20-2-210.
(5) Before granting an initial renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge.
(6) On any test or assessment required as a condition for receiving any renewable certificate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration who initially does not pass any required tests or assessments may request and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field.
(7) An individual holding a valid life certificate is exempt from the provisions of this subsection for that certificate field.
(8) An individual who has received two unsatisfactory annual performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate.
(9) Before granting a renewable certificate required for teaching or for administering or supervising a school system, school, or school program to an applicant who holds a valid renewable certificate at the time of application, the commission shall require such applicant to demonstrate that he or she has worked as a teacher in a classroom for not less than five days during each school year preceding the expiration of such applicant's certificate or has completed a teacher training course approved by the commission.
(b.1) Upon certification from the National Board for Professional Teaching Standards, an applicant shall be deemed to have met state renewal requirements for the life of the teacher's national certificate."
SECTION 27.
Said chapter is further amended in Code Section 20-2-201, relating to specific course requirements and in-service or continuing education for certificated professional personnel under the "Quality Basic Education Act," by striking in its entirety subsection (c) and inserting in lieu thereof new subsections (b.1) and (c) to read as follows:
"(b.1) Universities and colleges having teacher preparation programs for grades pre-kindergarten through 12 shall require students in such programs to be proficient in computer and other instructional technology applications and skills including understanding desktop computers, their applications, integration with teaching and curriculum, and their utilization for individualized instruction and classroom management. There shall be a test to assess teacher preparation students in computer and instructional technology applications and skills.
(c) Each local unit of administration shall be required to provide all professional personnel certificated by the Professional Standards Commission 12 clock hours of in-service or continuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as regional educational service agencies, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. These programs shall also focus on improving the skills of certificated personnel that directly relate to improving student achievement.

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Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff."
SECTION 28.
Said chapter is further amended by striking in its entirety Code Section 20-2-210, relating to annual performance evaluation of certificated professional personnel, and inserting in lieu thereof a new Code Section 20-2-210 to read as follows:
"20-2-210.
(a) All personnel employed by local units of administration, including school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The state board shall develop a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. The local units of administration are authorized to use the models developed by the State Board of Education.
(b) Annual teacher evaluations shall at a minimum take into consideration the following:
(1) The academic achievement gains of students assigned to the teacher during the school year;
(2) Observations of the teacher by the principal and assistant principals during the delivery of instruction and at other times as appropriate;
(3) Participation in professional development opportunities and the application of concepts learned to classroom and school activities;
(4) Communication and interpersonal skills as they relate to interaction with students, parents, other teachers, administrators, and other school personnel;
(5) Timeliness and attendance for assigned responsibilities;
(6) Adherence to school and school system procedures and rules; and
(7) Personal conduct while in performance of school duties.
(c) No contract shall be renewed for a certificated person prior to the completion of an evaluation as required in subsection (b) of this Code section.
(b)(d) Any teacher who removes more than two students from his or her total class enrollment in any school year under subsection (b) of Code Section 20-2-738 who are subsequently returned to the class by a placement review committee because such class is the best available alternative may be required to complete professional development to improve classroom management skills, other skills on the identification and remediation of academic and behavioral student needs, or other instructional skills as identified in a plan derived by the principal of the school in consultation with the teacher."
SECTION 29.
Said chapter is further amended in Code Section 20-2-211, relating to annual contracts for certificated professional personnel under the "Quality Basic Education Act," by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows:

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"(a) All teachers, principals, other certificated professional personnel, and other personnel of a local unit of administration shall be employed and assigned by its governing board on the recommendation of its executive officer. Minimum qualifications for employment of all personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing and , and such contracts shall be signed in duplicate by such personnel on their own behalf and by the executive officer of the local unit of administration on behalf of its governing board.
(b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year. When such notice of intended termination has not been given by April 15, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless such employee has been removed in the manner as provided in Code Section 20-2-940 or unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1. Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year. Upon request, a written explanation for failure to renew such contract shall be made available to such certificated personnel by the executive officer. When such notice of intended termination has not been given by April 15, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1."
SECTION 30.
Said chapter is further amended in Code Section 20-2-211, relating to annual contracts for certificated professional personnel under the "Quality Basic Education Act," by striking subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(1) Each person to be issued a contract of employment for the first time by a local unit of administration after July 1, 1994, as a teacher, principal, or other certificated professional personnel All personnel employed by a local unit of administration after July 1, 2000, whether or not such personnel hold certificates from the Professional Standards Commission, shall be fingerprinted and have a criminal record check made as required by this subsection prior to the issuing of a contract. The local unit of administration shall have the authority to employ a person or persons holding such a certificate under a provisional or temporary contract for a maximum of 200 days and to employ a person who does not hold such a certificate for a maximum of 200 days, in order to allow for the receipt of the results of the criminal record check. Teachers, principals, and other certificated personnel whose employment in a local unit of administration is renewed pursuant to this subpart after July 1, 2000, shall have a criminal record check made as required by this subsection upon any renewal application to the Professional Standards Commission. The local unit of administration shall adopt policies to provide for the subsequent interval criminal record checks of noncertificated personnel continued in employment in the local unit of administration.
(2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection.
(3) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United

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States Department of Justice prior to the issuance of any contract of first employment of such person shall be paid by the local unit of administration or the individual seeking employment or making application to the Professional Standards Commission.
(4) It shall be the duty of the State Board of Education to submit this subsection to the Georgia Bureau of Investigation for submission to the Federal Bureau of Investigation and the United States Department of Justice for their consent to conduct criminal record checks through the National Crime Information Center as required by federal law, rules, or regulations. No criminal record checks through the National Crime Information Center shall be required by this subsection unless and until such consent is given.
(5) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for the purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations.
(6) The State Board of Education is authorized to adopt rules and regulations necessary to carry out the provisions of this subsection."
SECTION 31.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-212, relating to salary schedules for certificated professional personnel under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The list of Georgia beginning salaries by degree field used to calculate the minimum salary base shall be presented annually to each member of the General Assembly with the Governor's budget recommendations. The House of Representatives and Senate Education and Appropriations Committees shall also be provided upon request with a report which includes data and calculations used to determine the minimum base salary. The state minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The placement of teachers on the salary schedule shall be based on certificate level and years of creditable experience, except that a teacher shall not receive credit for any year of experience in which the teacher received an unsatisfactory performance evaluation. Such evaluation shall be given to all teachers prior to contract renewal for the following school year in accordance with State Board of Education standards and specifications. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries, except as required by this Code section; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro-rata pro rata portion of the respective salary prescribed by the schedule of minimum salaries, except as required by this Code section."
SECTION 32.
Said chapter is further amended by striking subsection (b) of Code Section 20-2-212.2, relating to salary increases for persons receiving certification from the National Board for Professional Teaching Standards under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (b) to read as follows:

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"(b) Any person who:
(1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate;
(2) Has completed three years of teaching in Georgia public schools prior to receiving national certification; and
(3)-Has not previously received state funds for participating in any certification area in the national certification program; and
(4)(3) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification
shall receive not less than a 5 10 percent rate increase in state salary. Such increase shall be awarded on the commencement of the school year following such certification; provided, however, that, in the case of a person who has received such certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible."
SECTION 33.
Said chapter is further amended in Subpart 2 of Part 6 of Article 6, relating to conditions of employment for certificated professional personnel under the "Quality Basic Education Act," by adding a new Code Section 20-2212.3 to read as follows:
"20-2-212.3.
(a) The State Board of Education shall identify schools and school systems in the state where an insufficient supply of qualified teachers is available to deliver instruction in the fields of mathematics, science, special education, or foreign language, based on criteria defined by the State Board of Education, the Professional Standards Commission, and the Office of Education Accountability. Upon determination of shortages each year, the State Board of Education shall request funds sufficient to provide for salary increases not to exceed one additional step on the state salary schedule for which the teacher would otherwise have been entitled for positions contracted for in those locations and fields during the school year. Funding shall be based on the number of eligible positions identified for the previous school year, subject to appropriation by the General Assembly. Upon receiving three such salary increases, a teacher shall become ineligible for additional salary increases under this Code section.
(b) The criteria used for assessing whether or not an insufficient supply of qualified teachers is available and the data used in making the determination that a shortage exists shall be submitted by the Office of Education Accountability to the chairpersons of the Education Committees of the House of Representatives and the Senate no later than December 1 of each year."
SECTION 34.
Said chapter is further amended by striking in its entirety Code Section 20-2-214, relating to salary supplements under the "Quality Basic Education Act," which reads as follows:
"20-2-214.
The State Board of Education shall establish a schedule of salary supplements for administrators who have systemwide or school-wide responsibilities. Each salary supplement shall be based on the respective weighted full-time equivalent count of the school system or school, the responsibilities associated with the respective positions, and any other factors as may be specified by the state board. The state board shall have the authority to establish salary supplements for other public education positions as deemed necessary and appropriate. The amount of funds granted annually to a local school system shall be sufficient to pay such salary supplements, subject to appropriation by the General Assembly.",

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and inserting in lieu thereof the following:
"20-2-214.
The State Board of Education shall establish a salary schedule for school principals that includes a supplement amount for each principal. The amount of the supplement shall be based on the amount appropriated by the General Assembly for this purpose each year divided by the total weighted full-time equivalent count for the state. The amount for each principal shall be determined by multiplying the amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school. Local school systems shall pay this supplement to each local school principal in one separate payment each school year."
SECTION 35.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-218, relating to the duty-free lunch period for teachers employed in grades kindergarten through five under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every teacher who is employed in grades K kindergarten through 5 five for a period of time of more than onehalf of the class periods of the regular school day shall be provided a daily lunch period of not less than 30 consecutive minutes, and such employee shall not be assigned any responsibilities during this lunch period. Such lunch period shall be included in the number of hours worked, and no local board of education shall increase the number of hours to be worked by an employee as a result of such employee's being granted a lunch period under the provisions of this Code section. This duty-free lunch period shall not be calculated under any circumstances as a part of any daily planning period or other noninstructional time. The implementation of this duty-free lunch period shall be mandated to the extent that state financial support is provided to each school district for such purposes for the fiscal year 1992 only."
SECTION 36.
Said chapter is further amended by striking subsection (c) of Code Section 20-2-231, relating to the Georgia Education Leadership Academy, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The Georgia Education Leadership Academy shall use such approaches as are necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local governing boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program. The State Board of Education shall provide a status report as to the effectiveness of this program pursuant to subsection (e) of Code Section 20-2-282."
SECTION 37.
Said chapter is further amended in Part 9 of Article 6, relating to grants for educational programs under the "Quality Basic Education Act," by adding at the end thereof 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 develop and implement written compacts among teachers, parents, and students. Such compacts shall be entered into voluntarily and shall describe the commitments made by the student, the student's teacher, and the student's parents to improve and enhance the student's academic achievement. Grant recipients shall ensure that a compact is offered for each class in which a student is enrolled and that students and parents are invited to a conference with the teacher, within the first 30 days after enrollment, to discuss the terms of the compact. The state

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board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section."
SECTION 38.
Said chapter is further amended in Code Section 20-2-260, relating to capital outlay funding under the "Quality Basic Education Act" by striking paragraph (12) of subsection (b) and subsections (c), (d), (e), and (n) and inserting in lieu thereof a new paragraph (12) of subsection (b) and new subsections (c), (d), (e), and (n) to read as follows:
"(12) 'Renovation' or 'modernization' or both refers to construction projects which consist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations."
"(c) The State Board of Education shall adopt policies, guidelines, and standards, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that meet the requirements specified in this Code section. The state board's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; designations for each instructional space in permanent and temporary buildings occupied by designated state approved instructional programs, federal programs, or local programs not required by the state; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annually review, certify the accuracy of, and approve each local school system's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal procedures for rejected surveys;
(3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional programs authorized by provisions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities;

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space requirements per student; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating statewide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; and shall reflect circumstances where rapid population growth is caused by factors not reflected in full-time equivalent student projection research; and shall give priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on fulltime equivalent student counts which include full-time equivalent nonresident students, whether or not such fulltime equivalent nonresident students attend school pursuant to a contract between local school systems. The fulltime equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), (h), (i), (j), and (k.1) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, exceptional growth construction projects, and consolidation of schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources;
(9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education, providing that such revisions meet state and local building codes, fire marshal certification, architectural requirements, and minimum size requirements under subsection (q) of this Code section; and
(10) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of education facilities which are used as schools and that are historic landmarks and which were are registered as historic landmarks such on or before December 31, 1994, with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic

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preservation officer as eligible for such registration and the expenditure of capital outlay funds otherwise available to a school system for such purposes.
(d) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (g) and (h) of this Code section, each local school system must meet the following conditions and requirements:
(1) Prepare and annually update the real property inventory in accordance with provisions of subsection (c) of this Code section;
(2) Complete a local educational facilities plan in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (e) of this Code section. Each local school system shall specify the order of importance of all proposed construction projects, giving priority to elementary school construction projects. When two or more local school systems agree on the need for a consolidation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school systems and included with their identification of needs in accordance with the proportion of the number of students to be served from each local school system;
(3) Prepare and annually update the local educational facilities needs in accordance with provisions of subsection (c) of this Code section;
(4) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds;
(5) Submit requests for capital outlay funds to the Department of Education;
(6) Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c) of this Code section;
(7) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c) of this Code section;
(8) Provide required local participation; and
(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section.
(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enrollment or exceptional growth or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites;
(2) To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program

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authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;
(4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites;
(5) To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding purposes;
(6) To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed; and
(7) To provide construction projects to renovate or modernize facilities which are historic landmarks and are registered as such historic landmarks with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; provided, however, that local school boards shall be required to use the facility which is or is eligible to be a historic landmark as a public school; and provided, further, that facilities which are historic landmarks be used as public schools and be registered as historic landmarks on or before December 31, 1994. Notwithstanding any other provisions of this Code section and without regard to location or obsolescence, the state board shall allocate funds to renovate and modernize historic landmark facilities which meet the requirements of this paragraph in an amount which is the lesser of the cost of new construction to replace the historic landmark or the actual cost of such renovation and modernization; provided, however, that the renovated facility has an extended life comparable to that of a new facility; and provided, further, that the local school system shall provide the remaining necessary capital outlay funds to renovate the facility in accordance with all other requirements of this Code section. No lottery proceeds shall be appropriated from the Lottery for Education Account to fund any project or purpose authorized by this paragraph."
"(n) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (j) of this Code section for each school system and project, giving priority to elementary school construction projects where practicable. For each project, the state board shall present to the Education and Appropriations committees of the House of Representatives and the Senate of the General Assembly by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required."
SECTION 39.
Said chapter is further amended in Part 11 of Article 6, relating to regional educational service agencies, by striking in its entirety Code Section 20-2-270, relating to the establishment of a state-wide network, and inserting in lieu thereof a new Code Section 20-2-270 to read as follows:
"20-2-270.
(a) The State Board of Education shall establish a state-wide network of regional educational service agencies for the purposes of: providing shared services designed to improve the effectiveness of educational programs and services to local school systems; providing instructional programs directly to selected public school students in the state; and providing Georgia Learning Resources System services. The regional educational service agencies

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established by the state board may legally be referred to as 'RESA' or 'RESA's.' The shared services to member local school systems shall include the following assistance:
(1)-Identifying or conducting research related to educational improvements and in planning for the implementation of such improvements;
(2)-Developing and implementing staff development programs;
(3)-Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum adopted by the state board;
(4)-Developing and implementing assessment and evaluation programs;
(5)-Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management; and
(6)-Developing programs, resource materials, and staff development services relating to instruction on alcohol and drug abuse.
The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272.
(b) Beginning July 1, 1996, the state board shall make the service areas for the Georgia Learning Resources System compatible with the service areas for the RESA's. The RESA's are designated as the fiscal agents for the agency of the Georgia Learning Resources System or a local board of education as identified by the State Board of Education through an annual contract to serve as fiscal agent for the Georgia Learning Resources System. All member and nonmember local school systems shall be provided the services of the Georgia Learning Resources System. The State Board of Education shall establish the service area of each regional educational service agency as a geographically defined area of the state. All local school systems, Department of Technical and Adult Education facilities and institutions, and University System of Georgia facilities and institutions that are located in the designated geographical area shall be members of that regional educational service agency.
(c) The Psychoeducational Network for severely emotionally disturbed students shall be continued in effect. The service areas of units of the Psychoeducational Network for severely emotionally disturbed students in place on January 1, 1995, shall be continued in effect. The fiscal agent for each service area shall be as in effect on January 1, 1995, unless changed as provided in this subsection. Upon the request of a majority of the local school superintendents of the local school systems within a service area, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall serve as the fiscal agent for the respective unit of the Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is designated as the fiscal agent for a service area, all member and nonmember local school systems shall be provided the services of the Psychoeducational Network. Every state supported postsecondary institution shall be an active member of a regional educational service agency.
(d) Each regional educational service agency and its employees shall be subject to or exempt from taxation in the same manner as are school systems and school system employees.
(e) All employees and volunteers of a regional educational service agency shall be immune from liability to the same extent as are employees and volunteers of a school system."
SECTION 40.
Said chapter is further amended in Part 11 of Article 6, relating to regional educational service agencies, by adding a new Code Section 20-2-270.1 to read as follows:

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"20-2-270.1.
(a) Each regional educational service agency shall provide the following shared services to member local school systems:
(1) Identifying or conducting research related to educational improvements and in planning for the implementation of such improvements;
(2) Developing and implementing staff development programs with an emphasis on improving student achievement and school accountability;
(3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum adopted by the state board;
(4) Developing and implementing academic assessment and evaluation programs;
(5) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management;
(6) Developing programs, resource materials, and staff development services relating to instruction on alcohol and drug abuse; and
(7) Assistance in the development and implementation of a state-wide mentoring program.
The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272.
(b) The state board shall make the service areas for the Georgia Learning Resources System congruous with the service areas for the RESA's. The RESA's are designated as the fiscal agents for the agency of the Georgia Learning Resources System or a local board of education as identified by the State Board of Education through an annual contract to serve as fiscal agent for the Georgia Learning Resources System. All member local school systems shall be provided the services of the Georgia Learning Resources System.
(c) The Psychoeducational Network for severely emotionally disturbed students shall be continued in effect. The service areas of units of the Psychoeducational Network for severely emotionally disturbed students in place on January 1, 1995, shall be continued in effect. The fiscal agent for each service area shall be as in effect on January 1, 1995, unless changed as provided in this subsection. Upon the request of a majority of the local school superintendents of the local school systems within a service area, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall serve as the fiscal agent for the respective unit of the Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is designated as the fiscal agent for a service area, all member local school systems shall be provided the services of the Psychoeducational Network."
SECTION 41.
Said chapter is further amended by striking in its entirety Code Section 20-2-271, relating to the establishment of service areas for regional educational service agencies, which reads as follows:
"20-2-271.
(a) The State Board of Education shall establish the service area of each regional educational service agency as a single geographical area that contains the entire area of several local school systems. To the extent feasible and

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practical, all such service areas shall be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and any other factors specified by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas.
(b) Each local board of education of a local school system which elects not to be a member of the regional educational service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually."
and inserting in lieu thereof a new Code Section 20-2-271 to read as follows:
"20-2-271.
(a) Each regional educational service agency shall annually develop and submit to the Department of Education for approval, with a copy to the Education Coordinating Council, a regional plan for improvement of educational efficiency and cost effectiveness of its member institutions. Each plan must include the purposes and description of the services the regional educational service agency will provide to schools identified as low-performing based on the indicators adopted under Code Section 20-14-33 and to other schools.
(b) By July 1, 2002, each regional educational service agency shall introduce and provide core services for member local school systems and schools and provide core services for purchase by local school systems and schools which are not members of that regional educational service agency. These core services shall include the following:
(1) Training and assistance in teaching each subject area assessed under Code Section 20-2-281;
(2) Assistance specifically designed for any school that is rated academically failing under Code Section 20-14-33;
(3) Training and assistance to teachers, administrators, members of local boards of education, and members of local school councils on school-based decision making and control; and
(4) Assistance in complying with applicable state laws and rules of the State Board of Education and the Educational Coordinating Council.
Nothing in this Code section shall be construed to limit the freedom of a school system or school to purchase or refuse to purchase any core service from any regional educational service agency in this state.
(c) Each regional educational service agency may provide any additional service and any assistance to its member systems, as determined by the board of control. Each regional educational service agency may offer any service and form of assistance provided for in this Code section for purchase by any school system or school in this state.
(d) Pursuant to rules and regulations developed by the Professional Standards Commission, each regional educational service agency shall develop programs for nontraditional alternative routes to state teacher certification as an alternative to traditional educator preparation, with special consideration provided to critical field shortages in its regional teaching work force.
(e) Each regional educational service agency may acquire, lease, purchase, lease purchase, or dispose of real or personal property and may incur debts for those purposes, subject to the approval of such agency's board of control. Such property shall be held in the name of the regional educational service agency."
SECTION 42.

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Said chapter is further amended by striking in its entirety Code Section 20-2-272, relating to regional educational service agency boards of control, and inserting in lieu thereof a new Code Section 20-2-272 to read as follows:
"20-2-272.
(a) Each regional educational service agency shall be governed by a board of control. The number of members and terms of office shall be prescribed by the State Board of Education; provided, however, that on On and after July 1, 1996 2000, the school superintendent of each member school system or his or her designee , the president or highest administrator of each member postsecondary institution, and a local public or regional library representative appointed by the director of the Office of Public Library Services of the Department of Technical and Adult Education shall serve as a member of the board of control. At least one-third of the membership of each board of control shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of control shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member local school systems. The state board shall also prescribe an equal number of local board members from each member local school system to participate in said caucus.
(b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local boards of education shall be applicable, when appropriate, to the regional educational service agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive, except as otherwise provided in this part. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval.
(c) The State Board of Education shall be responsible for assuring that the activities of each regional educational service agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superintendent shall report to the General Assembly, pursuant to subsection (d) of Code Section 20-2-282, the results of any comprehensive evaluations of regional educational service agencies, the status of each such agency, and the progress each nonstandard agency has made toward addressing identified deficiencies.
(d) Boards of control shall determine the assistance needed by local school systems in the area served by each regional educational service agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the progress and cost effectiveness and efficiency of such agencies by relating outputs to dollar inputs . Boards of control shall determine the procedures and activities by which each regional educational service agency achieves locally established objectives and shall establish job descriptions, personnel qualifications, and work schedules consistent with locally established priorities and objectives.
(e) In the event the State Board of Education adopts a policy to reorganize the service areas of regional educational service agencies pursuant to subsection (a) of Code Section 20-2-271 20-2-270 effective July 1 of a fiscal year, members of boards of control during the preceding fiscal year shall constitute planning boards for the respective service areas to be established the ensuing July 1. Each planning board shall have the authority to establish the location or locations of the office or offices of its regional educational service agency effective the ensuing July 1, to issue contracts with a director and other agency staff to be employed effective the ensuing fiscal year, to assess the needs of all potential member local school systems, to prepare operational plans and budgets for the ensuing fiscal year, to establish the manner by which the local share of the budget will be assessed to potential member local school systems, and to make any other such decisions that the state board deems necessary for an orderly transition of service areas for regional educational service agencies. Such decisions shall be adopted by these planning boards prior to December 15 of the fiscal year preceding the effective date for reorganization of the service areas, in order that each local school system will have the information needed to make an informed decision relative to membership in its respective regional educational service area pursuant to subsection (b) of Code Section 20-2-271 on or before January 15 of that fiscal year. Any such planning board shall be authorized to amend, prior to April 15 of that fiscal year, any such decisions which are necessary as the result of the actions of the General Assembly during its regular session during that fiscal year. In the event a planning board has amended one or more decisions pursuant to this provision, each local school system within the service area of such planning board shall be authorized to reverse its

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decision relative to membership for the ensuing fiscal year prior to May 15 of that fiscal year, pursuant to procedures specified in subsection (b) of Code Section 20-2-271."
SECTION 43.
Said chapter is further amended by striking subsection (b) of Code Section 20-2-273, relating to directors and staff of regional educational service agencies, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide the instructional and support services prescribed in Code Section 20-2-270 this part ."
SECTION 44.
Said chapter is further amended in Code Section 20-2-274, relating to state-wide and local program grants to regional educational service agencies, by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The state board shall be authorized to provide each regional educational service agency with a uniform statewide needs program grant and a documented local needs program grant, subject to appropriation by the General Assembly. The uniform state-wide needs program grant shall consist of two components: the same fixed amount for each regional educational service agency; and an amount which reflects the number of local school systems, the number of schools, the number of students, and the number of square miles contained collectively within its member local school systems. Each regional educational service agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to one-fourth of this grant. The uniform state-wide needs grant and its matching local funds shall be used to finance the basic administrative overhead of the regional educational service agencies and to provide the areas of assistance specified in subsection (a) of Code Section 20-2-270 Code Sections 20-2-270.1 and 20-2-271. The amount of funds granted to each regional educational service agency for the documented local needs program grant shall depend upon the proportion that the number of local school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems are of these respective factors state wide, as well as the adopted operational plan and the budget designed to address documented needs for assistance to member local school systems. Each regional educational service agency shall be required to match the documented local needs program grant with an amount of funds equal to two-thirds of that grant. The state board shall provide grants to regional educational service agencies for Georgia Learning Resources Systems or to a local school system contracted to be a fiscal agent for a Georgia Learning Resources System. Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of the uniform state-wide needs program and the documented local needs program; provided, however, that member local school systems shall not be allowed to use funds received under the provisions of this article for this purpose. The state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Resources System designated as the fiscal agent or to any local school system contracted to serve as the fiscal agent for a Georgia Learning Resource System as well as the grants authorized previously by this subsection. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources."
SECTION 45.
Said chapter is further amended by striking and reserving in its entirety Code Section 20-2-280, relating to long-term strategic plans, which reads as follows:
"20-2-280.
The State Board of Education shall adopt a state-wide long-term strategic plan which is reflective of the educational programs and services and other public educational functions which need improvement state wide or in selected areas of the state and which contains the priorities and planned actions designed to address such needs. Each local school system shall develop and adopt a system-wide long-term strategic plan which is reflective of the priorities contained in the state-wide long-term strategic plan adopted by the state board and such needs for improving educational programs and services system wide or in specific schools as were identified through an in-depth self-

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study or an evaluation by the Department of Education pursuant to Code Section 20-2-282. Each long-term state and local strategic plan shall contain a description of assessed needs, a list of planned improvements of educational programs or services designed to address the assessed needs, a list of the goals for the programs or services to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an implementation timetable, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted and reviewed for approval. To the extent deemed reasonable and appropriate by the state board, this Code section shall apply to regional educational service agencies."
SECTION 46.
Said chapter is further amended by striking in its entirety Code Section 20-2-281, relating to the assessment of the effectiveness of educational programs under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-281 to read as follows:
"20-2-281.
(a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally norm-referenced instruments in reading, mathematics, science, and social studies shall be administered to students in grades three, five, and eight. The State Board of Education shall review, revise, and upgrade the quality core curriculum. Following the adoption of this revised curriculum, the State Board of Education shall contract for development of criterion-referenced competency tests to measure the quality core curriculum and such tests shall be administered to students in three grades not lower than grade three. Such tests in English and language arts, mathematics, and reading shall be administered annually to students in grades one through eight, and such tests in science and social studies shall be administered annually to students in grades three through eight. This action shall be completed within two years according to a schedule established by the State Board of Education. A curriculum-based assessment shall be administered in grade 11 for graduation purposes. Writing assessments shall be administered to students in grades three, five, eight, and 11. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests.
(b) The nationally normed assessments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Criterion-referenced tests and the high school graduation test provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the individual student, classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and in any other tests that will allow benchmarking this state's performance against national or international performance. The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. One of the components in both the comprehensive evaluation pursuant to Code Section 20-2-282 and the awarding of salary supplements as part of a pay for performance or related plan pursuant to Code Section 20-2-213 or other Code sections under this article may be assessments of student achievement.
(b.1) The State Board of Education shall notify local school systems and individual schools of the results of the assessment instruments administered under this Code section at the earliest possible date determined by the state board, but not later than the beginning of the subsequent school year.
(c) The State Board of Education shall have the authority to condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any disabled child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall

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further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any disabled student who is lawfully assigned to a special education program and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.
(d)(1) The State Board of Education shall develop or adopt alternate assessments to be administered to each student receiving special education services pursuant to Code Section 20-2-152 who does not receive instruction in the essential knowledge and skills identified in the quality core curriculum developed pursuant to Code Section 20-2140 and for whom the assessment instruments adopted under subsection (a) of this Code section, even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the student's Individualized Education Program team. Students with alternate assessments shall not be counted for the state accountability purposes provided for in this article.
(2) A student's Individualized Education Program team shall determine appropriate participation in assessment and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act.
(e) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the student's Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act.
(f) Under rules adopted by the State Board of Education, the Department of Education shall release the questions and answer keys to each assessment instrument administered under subsection (a) of this Code section after the last time the instrument is administered for a school year. To ensure a valid bank of questions for use each year, the department is not required to release a question that is being field tested and was not used to compute the student's score on the instrument.
(g) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000.
(h) The Department of Education shall, for a period not less than the first two years of the administration of the assessment instrument, release the questions and answer keys to each assessment instrument administered during the school year in which the instrument is administered after the last time the instrument is administered for that school year.
(i) The Department of Education shall develop study guides for the criterion-referenced tests and end-of-course assessments administered pursuant to subsections (a) and (f) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students.
(j)(1) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board.
(2) The State Board of Education shall adopt rules regarding course exit requirements in regard to the implemented core subject end-of-course assessments before discontinuing the high school graduation test.
(k) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the state's adopted assessment instruments for purposes of state accountability programs. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act.

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(l) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential.
(m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g.
(n) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, and system.
(o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Education Accountability, and local school system. The information made available to the public shall not contain the names of individual students or teachers.
(d)-Subject to appropriations by the General Assembly, the State Board of Education, in addition to the assessment program provided for in subsection (a) of this Code section, shall provide each local school system funds to be used for additional assessment as deemed necessary and appropriate by the local school system. The additional funds shall be calculated based on the number of FTE student counts reported for the preceding school year.
(e)(p) Teachers in grades three one through 12 shall participate annually in a staff development program on the use of tests within the instructional program designed to improve students' academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."
SECTION 47.
Said chapter is further amended by striking in their entirety Code Section 20-2-282, relating to comprehensive evaluations of public schools, local systems, and regional educational service agencies, and Code Section 20-2-283, relating to corrective plans for nonstandard local units of elementary and secondary educational administration and elementary and secondary schools, which read as follows:
"20-2-282.
(a)(1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years, except as provided in paragraph (4) of this subsection or subsection (e.1) of this Code section, concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units:
(A) The extent to which the strategic plan has been effectively implemented;
(B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented;
(C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria;
(D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics;

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(E) The effectiveness of annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes;
(F) The accuracy of student count procedures;
(G) The accuracy of fiscal procedures as they apply to implementing the state board prescribed program accounting systems and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations;
(H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and
(I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units.
(2) Such comprehensive evaluations shall be conducted by certificated professional employees from other local units of administration, faculty members of colleges and universities, and citizens residing within the respective local units. The number and role of such individuals shall be prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations by the Department of Education.
(3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request.
(4) Any school or school system that is accredited by the Southern Association of Colleges and Schools shall be exempt from the comprehensive evaluation required by paragraph (1) of this subsection. All such accreditation reports shall be kept on file with the Department of Education in lieu of the comprehensive evaluation, including any follow-up reports. Any such school or school system that is in a probationary status shall file all corrective plans, designed in conjunction with the accrediting agency, with the Department of Education. Any school or school system that shall lose accreditation will be subject to the comprehensive evaluation specified in paragraph (1) of this subsection.
(b) The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Education.
(c) The State Board of Education shall designate public schools, local school systems, and regional educational service agencies which receive satisfactory comprehensive evaluations pursuant to subsection (a) of this Code section as 'standard.' The state board shall award certificates of acknowledgment for superior performance to all such units which receive superior comprehensive evaluations relative to units having comparable student bodies, shall provide such units, excluding the regional educational service agencies, with grants appropriated by the General Assembly for this purpose pursuant to the provisions for achievement grants in Code Section 20-2-253, and

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shall designate such units as 'exemplary.' The state board shall designate all such units which receive unsatisfactory comprehensive evaluations relative to comparable units as 'nonstandard.' The state board shall adopt such criteria as necessary to determine the status of each unit under the comprehensive evaluation process.
(d) Each local school system shall annually inform the citizens residing within its area and the State Superintendent of Schools concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The state board shall publish annual profiles of all public schools and local school systems in the state. A subcommittee of the task force established pursuant to subsection (a) of Code Section 20-2-320 made up of six members, one each representing the Governor's office, the House Research Office, the Senate Research Office, the Office of Planning and Budget, local school systems, and the Department of Education, shall recommend information to be included in the profiles. Such recommendations shall be submitted by the task force to the state board. Profiles shall include, but shall not be limited to, information on: student achievement, which may include information related to test results, failure rates, and achievement of special honors or awards; student outcomes, which may include dropout rates and numbers, postsecondary enrollment rates, and participation in developmental studies programs; demographic factors in the student body, public school, and local school system, which may include socioeconomic or other appropriate demographic variables; financial and budget statistics, which may include costs per student, expenditures by program, and public school and local school system percentages of federal, state, and local funding, and aggregate and average salary information; faculty, administration, and employees, which may include faculty and administrator qualifications, assignments, experience, and certification; and curriculum and program offerings, which may include information on enrollment in grades, grade levels, courses, schools, and programs. The state board shall publish the profiles in such a manner as to facilitate comparisons between demographically similar public schools and local school systems. The first profiles shall be published no later than December 31, 1989, and annually thereafter, subject to appropriation by the General Assembly for this purpose. Data used in the profiles shall be collected through the state-wide comprehensive educational information network established pursuant to Code Section 20-2-320; provided, however, that prior to completion of the network the state board shall have the authority to specify data items which are to be collected by other means. The state board shall ensure that this information is as accurate as possible. The task force subcommittee shall recommend data which are, at minimum, to be included in the profiles prior to completion of the network. In no event shall the state board require data to be collected for the sole purpose of the profiles created under this Code section prior to the completion of the state-wide comprehensive educational information network. The State School Superintendent shall also produce a state profile which shall be a summary of the local school system profiles and a comparison of demographically similar public schools and local school systems. All profiles shall be kept at the Department of Education and shall be available for public inspection during regular business hours. Copies of the profiles or portions thereof shall be made available by the Department of Education to the public on request, subject to payment of an appropriate fee to cover the expense of publishing and distributing the profiles. The state board shall provide free of charge to each local school system and each public school within the system a current copy of the state profile and the system's profile, including all school profiles within that system. A complete current set of the state profile and all school and system profiles shall be provided by the state board free of charge to each public library in the state, to the office of the Governor, and to the House and Senate research offices. Each local school system shall maintain a current copy of its system profile in the central office and in each school for public inspection and shall provide a copy of the profile to all news media organizations which publish or broadcast within its area. Each local school system shall also make copies of its school and system profiles available to the public on request, subject to payment of a fee similar to that charged by the Department of Education. Each public library shall make available for public inspection current copies of all school and system profiles.
(e) The State Board of Education shall report to the education committees of the House of Representatives and the Senate on a semiannual basis as to the progress made on the implementation of this article. The reports by the state board shall include any justification for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which it anticipates will be requested through the appropriations process for local school systems to meet the intent of the General Assembly. The state board shall not include in any plan submitted to a federal agency any provision which commits future state funds beyond that which it normally receives annually through the Appropriations Act unless such plan also contains a provision which states that such initial and continuing commitment is contingent upon such funds being appropriated by the General Assembly.

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(e.1) The state board shall, subject to the requirements of subparagraph (a)(1)(D) of this Code section, establish criteria for determining whether local schools significantly exceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 30 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and designated 'high-achieving exempt schools.' Schools designated as highachieving exempt schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(1)(B), (a)(1)(C), or (a)(1)(I) of this Code section, as long as the school maintains the designation 'high-achieving exempt school.' Schools and school systems which have had a standards review within the last four years will continue on the five-year cycle as mandated by law.
(f) The State Board of Education shall prescribe such policies, procedures, and instruments as are deemed necessary for the effective implementation of this Code section. Further, the state board shall revise state standards to the extent necessary to be consistent with this article. State standards shall be evaluated in terms of level of compliance or quality.
20-2-283.
(a) Each local unit of administration which is designated to be nonstandard or which operates one or more public schools so designated shall be required to submit to the State Board of Education for its approval a corrective plan designed to address all deficiencies identified pursuant to Code Section 20-2-282. Such a corrective plan shall include a description of the actions to be taken to correct each deficiency, a designation of the resources which will be applied to these actions, the date on which each action shall be initiated and completed, the evaluation procedures to be used to assess progress, the technical assistance needed to execute the corrective plan and anticipated sources of such assistance, and such other items deemed necessary by the state board for an effective corrective plan. It shall be the duty of regional educational service agencies to supply member local school systems and the Department of Education to supply to all local units of administration such technical assistance that they may need and request concerning the development and implementation of these corrective plans.
(b) The State Board of Education shall review at least once every six months the progress of each nonstandard local unit of administration in implementing its state board approved corrective plan. Such a review shall continue until the corrective plan has been fully implemented or the local unit has been redesignated by the state board as a standard or exemplary unit.
(c) The State Board of Education shall conduct a comprehensive evaluation pursuant to Code Section 20-2-282 of each local unit of administration which is designated by the state board as nonstandard. This evaluation shall be conducted within two years after the state board has approved its corrective plan.
(d) In the event the State Board of Education finds that any local unit of administration is making unsatisfactory progress relative to development or implementation of a corrective plan pursuant to this Code section, the state board shall be authorized to take one or a combination of the following actions:
(1) Increase the local fair share of a local school system pursuant to Code Section 20-2-164 or the local share of a regional educational service agency pursuant to Code Section 20-2-274 by an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of increased local funds shall be offset by a decrease in state funds in the same amount;
(2) Require that a local unit of administration raise from local revenue sources an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of local revenue shall be in excess of any local funds required to be raised by the local unit of administration under other provisions of this article. If such additional local revenue is not raised by the local unit of administration by a state board specified date, the state board shall have the authority to withhold state funds in accordance with Code Section 20-2-243; or

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(3) File a civil action in the superior court of the county wherein a local school system or regional educational service agency office is located, requesting a determination of whether any member of the local board of education or the local school superintendent or any member of the regional educational service agency board of control or regional educational service agency director has by action or inaction prevented or delayed implementation of the corrective plan. If the court finds that any such official has prevented or delayed implementation intentionally, the court may issue an order requiring the official or officials to implement the corrective plan. The court shall have the power to appoint a trustee to ensure the order of the court is carried out. Any expenses or costs incurred by the trustee in carrying out duties assigned by the court shall be paid from funds otherwise used to pay for expenses incurred by board members. If the court finds that any such official is violating the order of the court, the court may remove the official and appoint a replacement until the vacancy can be filled as provided by law. The court shall have such powers as are necessary to carry out the provisions of this subsection."
SECTION 48.
Said chapter is further amended by striking in its entirety Code Section 20-2-284, relating to the Council for School Performance established under the "Quality Basic Education Act," which reads as follows:
"20-2-284.
(a) The General Assembly finds that a Council for School Performance would enhance the public's access to information concerning the performance of public schools and public school systems. Such information shall measure outcomes of the state's investment in each public school and each public school system. Such information shall also specifically describe how each public school and each public school system has utilized moneys derived from the Georgia Lottery for Education.
(b) As used in this Code section, the term 'council' means the Council for School Performance established in subsection (c) of this Code section.
(c) There is created and established a Council for School Performance composed of seven members. Six of the members shall be public members, four of whom shall be appointed by the Governor. One public member shall be appointed by the Speaker of the House of Representatives and one public member shall be appointed by the President of the Senate, neither of which members shall be a member of the General Assembly. The public members shall serve at the pleasure of the appointing authority. The State School Superintendent shall serve as the seventh member and shall have the same vote on the council as any other member.
(d) The Governor shall select a chairperson for the council from among the six public members. Four members shall constitute a quorum for the transaction of business. Members of the council shall receive no compensation for their services upon the council but shall be entitled to receive the travel allowance provided in Code Section 50-19-7 for their travel expenses when necessary in carrying out the duties of their office.
(e) The council shall not be a part of the Department of Education but shall be an independent entity attached to the Office of Planning and Budget for administrative purposes only, as set forth in Code Section 50-4-3. The council is authorized to enter into contracts to fulfill its duties under this Code section.
(f) The Department of Education shall cooperate fully with the council. Specifically, the Department of Education is directed to collect and provide to the council information regarding individual public schools and individual public school systems which the council deems necessary to discharge its duties under this Code section.
(g) The Council for School Performance shall issue an annual report no later than December 1 of each year, commencing December 1, 1994. The report shall be an impartial evaluation of the progress made by each public school and each public school system in meeting national, state, and local educational goals. The report shall include information concerning outcomes of the state's investment in each public school and each public school system as well as a description of how each public school and each public school system utilized moneys derived from the Georgia Lottery for Education. The report shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Copies of the report shall be provided to

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the Governor, Lieutenant Governor, Speaker of the House of Representatives, and to the chairpersons of the Education Committees of the Georgia Senate and House of Representatives."
SECTION 49.
Said chapter is further amended by striking in its entirety Code Section 20-2-290, relating to the organization of schools under the "Quality Basic Education Act," 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 reorganize 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 Assembly. The amount of such grants shall be an additional 13 percent of all funds calculated 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 qualify for the middle school grants program for students in grade levels so housed; provided, however, that each qualified middle school must provide each interdisciplinary team of academic teachers with common planning time of at least 85 55 minutes during the student instructional day and provided, further, that they meet all other criteria and standards 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 who have scored at or above the sixtieth percentile on a nationally normed test of reading achievement administered within the previous or current school year as one of the language arts which are required to meet the eligibility requirements for such grants . 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 program 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 systems shall qualify for the middle school grants program 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 qualify for the middle school grant program only for those students counted in the full-time equivalent count for the middle grades school program in qualified middle schools."
SECTION 50.
Said chapter is further amended in Code Section 20-2-292, relating to sparsity grants and salaries of certain school superintendents under the "Quality Basic Education Act," by striking in its entirety subsection (d), which reads as follows:
"(d) The beginning salaries of school superintendents in systems less than the base size specified in Code Section 20-2-181 shall be paid in the same amount as the amount determined for salaries of school superintendents for base size systems."
SECTION 51.
Said chapter is further amended in Part 13 of Article 6, relating to the organization of schools and systems under the "Quality Basic Education Act," by adding at the end thereof a new Code Section 20-2-294 to read as follows:
"20-2-294.

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(a) It is the intent of the General Assembly that students receive academic instruction in permanent classrooms where possible and, further, that students be transported to schools that are within a reasonable distance from the student's place of residence. In order to allow for hardships imposed by inadequate classroom space and excessive distances, this Code section authorizes students to receive education services outside the school district in which they reside, subject to rules promulgated by the State Board of Education.
(b) A student enrolled in a public elementary or secondary school in this state may elect to request reassignment to a public school that is located within the school district in which the student resides other than the one to which the student has been assigned by the local board of education if the school to which the student has been assigned does not have available permanent classroom space in which the student can attend classes and a school within the district in which the student resides has permanent classroom space available. At any time during the school year in which a student is assigned to nonpermanent classroom facilities for instruction, the parent or guardian of a student may apply to the local board for reassignment.
(c) If the student's place of residence is located closer to a school other than the school assigned the student by the local board of education, regardless of the school district in which the closer school is located, and the distance or travel time to the school to which the student has been assigned is, in the determination of the State Board of Education, excessive, and the school which the student is applying to attend is the closest available public school offering a regular program to the student's residence and has available permanent classroom space, the State Board of Education may authorize the student to attend the closer school. State Quality Basic Education Program funds, including the local five mill share, allotted to the sending school system shall be reallotted to the receiving school system in an amount correlated to the number of transferred students. A student's request for reassignment shall be submitted in writing to the district offices of both the district in which the student resides and the district in which the student is requesting to attend school no later than seven days following the assignment of the student to a school and notification of assignment to the student's parent or guardian. Upon assignment of nonresident students, the school system that is providing services may elect to make application to the state for funds that represent the difference between the dollar amount per full-time equivalent student represented by the state program funds received and the total dollar amount per full-time equivalent student expended by the system for a similarly enrolled student; provided, however, that local transportation costs shall not be included in the amount requested. The Department of Education shall request funds in the midterm adjustment amount sufficient to provide for these costs after the amounts submitted have been adjusted to account for students moving between the same two school systems so as to subtract the base cost, represented as the lesser of the two local school system costs per full-time equivalent student amounts, from the greater amount.
(d) The responsibility for and cost of transporting the student to a school to which the student has been assigned under this Code section shall be that of the student. Nothing in this Code section shall be construed to interfere with desegregation plans in effect or any subsequent implementation thereof. Nothing in this Code section shall be construed to alter contractual relationships between two or more school systems."
SECTION 52.
Said chapter is further amended by striking in its entirety Code Section 20-2-320, relating to a Quality Basic Education Program task force and the development of a state-wide comprehensive educational information network, and inserting in lieu thereof a new Code Section 20-2-320 to read as follows:
"20-2-320.
(a) The Governor shall appoint a task force steering committee to be composed of representatives from the Department of Education, the Department of Technical and Adult Education, the office of the Governor, the Office of Planning and Budget, the Office of Education Accountability, the Department of Audits and Accounts , the Department of Administrative Services the Georgia Technology Authority, the Board of Regents of the University System of Georgia, the Office of School Readiness, local school systems, the Professional Standards Commission, the House Research Office, the Senate Research Office, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the various components of public education in Georgia. The task force steering committee is directed to identify any other data which will be required from local units of administration, public

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libraries, colleges and universities, pre-kindergarten programs, the Professional Standards Commission, and area postsecondary vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network system which will provide for the accurate, seamless, and timely flow of information from these agencies to the state. The State Board of Education shall adopt an operational plan and data specifications for the network system. Data shall include, at minimum, items specifically identified for profiles required pursuant to subsection (d) of Code Section 20-2-282. The task force steering committee shall adopt a statement recommending recommend to the Education Coordinating Council data which would, at minimum, be regularly collected for storage at the state network system host facility and data which would be stored at local units of administration or at public schools. Data which are not normally stored by the network system host shall be maintained in a manner which can be readily transmitted by electronic medium upon request from authorized educational agencies. The task force steering committee shall adopt a statement recommending make recommendations specifying the frequency by which each data component is transmitted. Such data shall be transmitted by electronic medium no later than the completion date of the network as provided in subsection (f) of this Code section.
(b) The State Board of Education shall develop and maintain an individual data record for each student enrolled in the public schools of the state in grades kindergarten through 12. The State Board of Technical and Adult Education shall develop and maintain an individual data record for each student enrolled in the postsecondary vocationaltechnical schools of the state. The Board of Regents of the University System of Georgia shall develop and maintain an individual data record for each student enrolled in the colleges and universities of the state which it oversees. The Office of School Readiness shall develop and maintain an individual data record for each student enrolled in pre-kindergarten programs that it oversees. The Professional Standards Commission shall develop and maintain an individual data record for each certificated person employed in a public school. The task force steering committee shall adopt a statement recommending recommend the specific data to be included and recommending those elements of the individual student record which are to be normally stored at the state, local unit of administration, or school level. Specifications for adequate security of student data shall be recommended by the task force, steering committee; and the State Board of Education, the Board of Regents of the University System of Georgia, the Office of School Readiness, the Professional Standards Commission, and the State Board of Technical and Adult Education shall adopt and maintain systems of adequate security for individual student information. No student shall be identifiable by name in that portion of the grades pre-kindergarten through 12 record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a student's information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files.
(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Office of Education Accountability; the Education Coordinating Council; the Professional Standards Commission; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Office of School Readiness; and the educational policy and research components of the office of the Governor, the Office of Planning and Budget, the Legislative Budget Office, the House Research Office, and the Senate Research Office. Any information collected over the state-wide comprehensive educational information network system, including individual student record and individual personnel record information retrieved by the Department of Education or , the Board of Regents of the University System of Georgia, the Office of School Readiness, the Professional Standards Commission, or the Department of Technical and Adult Education, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the network system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. The task force steering committee shall develop and adopt recommendations for procedures by which live data files resident on the network system host shall be copied to other files and regularly updated for use by authorized educational agencies. The Department of Education, the Board of Regents of the University System of Georgia, the Office of School Readiness, the Professional Standards Commission, and the Department of Technical and Adult Education shall adopt and implement procedures and schedules for updating such user files and shall provide warning labels where necessary to indicate data which are incomplete or unverified for accuracy. The Department of Education, the Board of Regents of the University System of Georgia, the Office of School Readiness, the Professional Standards Commission, and the Department of Technical and Adult Education shall

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adopt monitoring, editing, and verifying mechanisms necessary to assure the accuracy and completeness of data. Any information collected over the state-wide comprehensive educational information network system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, and Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies.
(d) The task force steering committee shall further develop specifications for hardware and software acquisition and existing hardware and software for administrative uses. Such specifications shall be followed by the State Board of Education, the Board of Regents of the University System of Georgia, the Office of School Readiness, the State Board of Technical and Adult Education, local units of administration, public libraries, and area postsecondary vocational-technical schools. In local school systems, specific hardware and software shall be designated for use at the school level and shall be considered components of the fully completed network system, subject to appropriation by the General Assembly for this purpose. It is declared to be the intent of this Code section that hardware and software used in the state-wide comprehensive educational information network system comprise a level of uniformity sufficient to enable unimpeded flow of data. The state board State Board of Education, the Board of Regents of the University System of Georgia, the State Board of Technical and Adult Education, the Office of School Readiness, and the Professional Standards Commission shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the network system, including any funding needed for hardware and software for the Department of Education, the Department of Technical and Adult Education, the University System of Georgia, the Office of School Readiness, local units of administration, public schools, public libraries, and area postsecondary vocational-technical schools.
(e) The task force steering committee shall develop a timetable for implementation of the state-wide comprehensive educational information network system and shall submit a written report semiannually to the Governor and to the House and Senate Education and Appropriations committees detailing progress toward completion of the network system. The task force steering committee shall also submit its timetable and notice of all formal actions and recommendations to the State Board of Education and the Education Coordinating Council. The state board shall address all recommendations submitted by the task force. A separate complete report on progress toward completion of the network shall be submitted semiannually, prior to January 1 and July 1, to the Governor and to the House and Senate Education and Appropriations committees by the Department of Education. This report shall identify any differences between state board actions or policies and corresponding task force steering committee recommendations, shall provide an explanation for such differences, and shall explain any decision to take no action on a specific task force steering committee recommendation.
(f) The state-wide comprehensive educational information network system shall be fully completed by July 1, 1991 2003, subject to appropriation by the General Assembly for this purpose; provided, however, that the task force steering committee shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 1992 2004. Only during the period prior to final completion of the network system, the state board shall be authorized to specify data which may be transmitted by tape or disk from local school systems which are capable of providing required data in such formats. During the phased implementation of the network system, highest priority shall be given to the electronic transmission of complete full-time equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system.
(g) Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Public Safety in a form to be agreed upon between the departments enrollment, attendance, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 405-22."
SECTION 53.
Said chapter is further amended by repealing in its entirety Part 2 of Article 7, relating to additional state aid to school districts where parents live or work on state property, which reads as follows:

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"Part 2
20-2-350.
For any school district wherein 3 percent or more of the children in average daily attendance have parents or guardians who live or work full time on state-owned property, the State Board of Education shall, within the first 90 days of each fiscal year, make an allotment out of the funds appropriated for educational purposes in an amount and under the formula provided for in this article.
20-2-351.
In any such school district, it shall be the duty of the local school superintendent, within 30 days prior to the end of each fiscal year, to submit the following information to the State Board of Education:
(1) The total number of children attending the public schools, including elementary grades and high school grades, within the school district. Such total number of children shall be based on the average daily attendance of such schools;
(2) The total number of children attending such public schools whose parent or guardian lives or works full time on property owned by the state. Such total number shall be based on the average daily attendance at such school; and
(3) The total amount of taxes and appropriations received and to be received by the school district from the county or other local agencies for educational purposes for the current fiscal year.
20-2-352.
The State Board of Education shall determine an average per pupil amount by dividing the total as determined by paragraph (3) of Code Section 20-2-351 by the total as determined by paragraph (1) of Code Section 20-2-351.
20-2-353.
The State Board of Education shall, after making the determination as required by Code Section 20-2-352, make an allotment to the school district for which such determination was made in an amount equal to 50 percent of the amount determined by multiplying the amount determined by Code Section 20-2-352 by the amount determined by paragraph (2) of Code Section 20-2-351.
20-2-354.
The information required by Code Section 20-2-351 may be verified by the State Board of Education. In the event the state board determines that the information is not accurate, the funds allotted by this article shall be increased or decreased as found by its determination; and in the event the funds allotted by this article have been paid to the school district involved, the state board shall, if its determination should show an overpayment, deduct the overpayment from any allotment made to the school district involved from any funds allotted to the school district from state appropriations.
20-2-355.
The funds appropriated by virtue of this article shall be in addition to any and all other funds or appropriations allotted to the school districts for educational purposes, and the funds or appropriations allotted by this article shall in no way be construed as to reduce any other funds or appropriations for which the school districts may be entitled by virtue of any existing or future law; provided, however, if the annual income of the state for any fiscal year shall fail to be sufficient to pay fully the entire appropriations made by the appropriations Act, the funds appropriated by this article shall be reduced in a proportionate ratio to all other funds appropriated by the General Assembly.
20-2-356.

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The State Board of Education shall have the power and authority to make such rules and regulations and to require such additional information as may be necessary for the proper administration of this article."
SECTION 54.
Said chapter is further amended by repealing in its entirety Part 3 of Article 7, relating to additional state aid to local school systems to compensate for loss of revenue from financial institutions, which reads as follows:
"Part 3
20-2-360.
The General Assembly recognizes that there exist serious areas of concern with respect to the method of taxation of financial institutions by the State of Georgia and that legislation to address these areas of concern may be enacted at the 1983 session or a future session of the General Assembly. The General Assembly further recognizes that if such legislation is enacted it may deprive local school systems of a revenue source and may provide an additional source of state revenue. The General Assembly therefore declares that the purpose of this part is to authorize a program of grants of state funds to local school systems, for which program state funds may be appropriated to alleviate financial burdens which may be imposed upon local school systems by any legislation affecting taxation of financial institutions.
20-2-361.
(a) There may be allotted annually to each local school system in the state for educational purposes, in addition to funds provided pursuant to other laws, certain grants as provided in this part.
(b) In any year in which the General Assembly shall appropriate funds for grants to local school systems by lineitem appropriation and with reference to this part, such grants shall be allotted to each school system pro rata according to the difference between the amount of revenue which will be derived during that year by the school system from the taxation of financial institutions under the law in effect for that year and the amount of revenue which would have been derived during that year by the school system if the method of taxation of financial institutions in effect on January 1, 1983, were still in effect.
(c) No funds shall be appropriated for purposes of this part unless legislation is enacted which changes the method of taxation of financial institutions in effect on January 1, 1983.
20-2-362.
In any year in which funds are appropriated for purposes of this part, the State Board of Education shall determine what percentage of the total appropriation shall be allotted to each local school system under subsection (b) of Code Section 20-2-361. The state revenue commissioner shall provide to the State Board of Education any technical assistance necessary for purposes of determining such allotments."
SECTION 55.
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 lieu thereof 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 fifth 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 attending 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 under such penalty 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

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parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences."
SECTION 56.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers, reporting, and record keeping, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information network system pursuant to subsection (b) of Code Section 20-2-320 and for the annual profiles pursuant to subsection (d) of Code Section 20-2-282."
SECTION 57.
Said chapter is further amended in Code Section 20-2-735, relating to the adoption of policies to improve the student learning environment by local boards of education, by striking subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individual oriented in-school suspension programs or alternative educational settings rather than to suspend or expel such students from school." disruptive students to isolated and individual oriented in-school suspension programs or alternative educational settings rather than to suspend or expel such students from school."
SECTION 58.
Said chapter is further amended in Code Section 20-2-738, relating to the authority of a teacher over the classroom and procedures following the removal of a student from a classroom, by striking subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(1) If a placement review committee decides to return a student to a class from which he or she was removed, the principal or the principal's designee shall implement such decision of the placement review committee. In addition, the principal or the principal's designee may, consistent with any applicable procedural requirements of the Constitutions of the United States and this state and after considering the use of any appropriate student support services, take any of the following actions which are authorized as a response to the alleged violation of the student code of conduct by local board policies adopted pursuant to Code Section 20-2-735:
(A) Place the student in in-school suspension an alternative education program;
(B) Impose out-of-school suspension for not more than ten school days, including any time during which the student was subject to out-of-school suspension after his or her removal from class pursuant to subsection (b) of this Code section; or

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(C) Make another disciplinary decision or recommendation consistent with local board policy.
(2) If a placement review committee decides not to return a student to a class from which he or she was removed, the principal or the principal's designee shall implement such decision of the placement review committee. In addition, the principal or the principal's designee shall determine an appropriate placement for the student and may take action to discipline the student, in a manner consistent with any applicable procedural requirements of the Constitutions of the United States and this state and after considering the use of any appropriate student support services, as follows, provided that the placement or disciplinary action is authorized as a response to the alleged violation of the student code of conduct by local board policies adopted pursuant to Code Section 20-2-735:
(A) Place the student into another appropriate classroom, in-school suspension, or an alternative education program;
(B) Impose out-of-school suspension for not more than ten school days, including any time during which the student was subject to out-of-school suspension after his or her removal from class pursuant to subsection (b) of this Code section;
(C) Make another placement or disciplinary decision or recommendation consistent with local board policy; or
(D) Implement or recommend any appropriate combination of the above and return the student to the class from which he or she was removed upon the completion of any disciplinary or placement action taken pursuant to this paragraph."
SECTION 59.
Said chapter is further amended in Code Section 20-2-768, relating to the expulsion or suspension of students for felonies, by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individually oriented in-school suspension programs or alternative educational settings rather than to suspend or expel such students from school."
SECTION 60.
Said chapter is further amended in Subpart 3 of Part 2 of Article 16, relating to chronic disciplinary problem students, by striking in their entirety Code Sections 20-2-765 and 20-2-766 and inserting in lieu thereof new Code Sections 20-2-765 and 20-2-766 to read as follows:
"20-2-765.
Any time a teacher or principal identifies a student as a chronic disciplinary problem student, the principal shall notify by telephone call and by either certified mail with return receipt requested, by or first-class mail, or by telephone call the student's parent or guardian of the disciplinary problem, invite such parent or guardian to observe the student in a classroom situation, and request at least one parent or guardian to attend a conference with the principal or the teacher or both to devise a disciplinary and behavioral correction plan.
20-2-766.
Before any chronic disciplinary problem student is permitted to return from an expulsion or suspension, the school to which the student is to be readmitted shall request by telephone call and by either certified mail with return receipt requested, by or first-class mail, or by telephone call at least one parent or guardian to schedule and attend a conference with the principal or his or her designee to devise a disciplinary and behavioral correction plan. Failure of the parent or guardian to attend shall not preclude the student from being readmitted to the school. At the discretion of the principal, a teacher, counselor, or other person may attend the conference. The principal shall ensure that a notation of the conference is placed in the student's permanent file."
SECTION 61.

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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 as provided in this Code section. If the court finds that the parent or guardian has willfully 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 62.
Said chapter is further amended by striking in its entirety Code Section 20-2-769, relating to alternative education programs for elementary and secondary students, which reads as follows:
"20-2-769.
(a) The State Board of Education shall provide grants to local school systems for use in alternative education programs to serve students in grades 6-12 who violate student codes of conduct adopted by local boards of education. These alternative education programs shall provide the individualized instruction, intervention strategies, and transition to other education programs these students need to become successful students and good citizens.
(b) Local boards of education shall establish either individually or in collaboration with another school system or systems an alternative education program for the purpose of providing a separate educational program for students who violate student codes of conduct and shall apply for grants to be distributed pursuant to this Code section.
(c) The alternative education program shall provide a learning environment that includes the objectives of the quality core curriculum, and the instructional program shall enable students to make the transition back to a regular school program. Course credit shall be earned in the alternative education program in the same manner as in other education programs.
(d) The state board shall establish criteria and procedures for alternative education program grants. The amount of funds granted to any local school system shall be based upon the estimated number of students in grades 6-12 who are likely to be enrolled in the alternative education program based on eligibility criteria, consistent with this Code section, to be established by the state board.
(e) Annual progress reports for each alternative education program must be filed with the State Board of Education. These reports shall include, at a minimum, a statement of:
(1) The process by which the educational and behavioral program for each student has been determined, including preparation of disciplinary and behavioral correction plans for chronic disciplinary problem students;
(2) The process through which the educational progress of each student has been evaluated and a summary report of the results of these evaluations;
(3) The process by which students have been returned to the regular school program and a summary report of the total number of students served and the enrollment or program completion status of each student upon withdrawal from the alternative education program; and
(4) The average daily membership and the average daily attendance records for the program.

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(f) In order to be eligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260, each local board of education shall comply with the requirements of this Code section. Nothing in this Code section shall be construed to limit the authority of a local board of education to establish or operate an alternative education program different from or in addition to the program prescribed in this Code section; provided, however, that no state funds distributed pursuant to this Code section shall be expended to operate an alternative education program which does not meet the requirements of this Code section.",
and inserting in lieu thereof a new Code Section 20-2-769 to read as follows:
"20-2-769.
(a) It is the policy of this state that the alternative education program shall provide a learning environment that includes the objectives of the quality core curriculum and that the instructional program shall enable students to make the transition back to a regular school program as quickly as possible. Course credit shall be earned in an alternative education program in the same manner as in other education programs. It is preferable to reassign disruptive students to an alternative education program rather than suspending or expelling such students from school.
(b) Alternative education programs are intended to meet the education needs of a student suspended from his or her regular classroom and also of a student who is eligible to remain in his or her regular classroom but is more likely to succeed in a nontraditional setting such as that provided in an alternative education program.
(c) As part of the purpose of assigning a student to an alternative education program for academic or nondisciplinary reasons, the school shall assess, through policies and procedures promulgated by the local board of education, the needs of the student and consider options for addressing those needs.
(d) Each school system shall provide an alternative education program that:
(1) Is provided in a setting other than a student's regular classroom;
(2) Is located on or off of a regular school campus and may include in-school suspension that provides continued progress on regular classroom assignments;
(3) Provides for the students who are assigned to the alternative education program to be separated from students who are not assigned to the program;
(4) Focuses on English language arts, mathematics, science, history, and self-discipline;
(5) Provides for students' educational and behavioral needs; and
(6) Provides supervision and counseling.
(e) An alternative education program may provide for a student's transfer to a different campus, a school-community guidance center, or a community-based alternative school.
(f) A school system may provide an alternative education program jointly with one or more other systems.
(g) Each school system shall cooperate with government agencies and community organizations that provide services in the district to students placed in an alternative education program.
(h) For the 2000-2001 school year, state funding of alternative education programs shall be based upon a full-time equivalent program count that equals 2.5 percent of the full-time equivalent program count for grades six through 12. For the 2001-2002 school year and thereafter, the amount of state funds appropriated and allocated for the alternative education program provided for in this Code section shall be based on the actual count of students served during the preceding year, except that the count of students served shall not exceed 2.5 percent of the full-time equivalent program count for grades six through 12.

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(i) A school system shall allocate to an alternative education program the same expenditure for each student attending the alternative education program, including federal, state, and local funds, that would be allocated to the student's school if the student were attending the student's regularly assigned education program, including a special education program, except as otherwise provided in this Code section.
(j) Upon the request of a school system, a regional educational service agency may provide to the system information on developing an alternative education program that takes into consideration the system's size, wealth, and existing facilities in determining the program best suited to the system.
(k) If a student placed in an alternative education program enrolls in another school system before the expiration of the period of placement, the local board of education requiring the placement shall provide to the local school system in which the student enrolls, at the same time other records of the student are provided, a copy of the placement order. The school system in which the student enrolls may continue the alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement.
(l) The State Board of Education shall adopt rules necessary to administer the provisions of this Code section. Academically, the mission of alternative education programs shall be to enable students to perform at grade level. Annually, the Office of Education Accountability shall define for alternative education programs acceptable performance and performance indicating a need for peer review, based principally on standards defined by the Office of Education Accountability that measure academic progress of students toward grade level while attending an alternative education program."
SECTION 63.
Said chapter is further amended in Part 3 of Article 16, relating to the health of students, by adding a new Code section 20-2-771.1 to read as follows:
"20-2-771.1.
Each local board of education shall establish procedures to provide for the voluntary preenrollment of children at two years of age. Such procedures shall include a requirement that the parent or guardian of the child submit to the local board or to a school within the school system a certificate of immunization which indicates compliance with age specific immunizations as provided in Code Section 20-2-771."
SECTION 64.
Said chapter is further amended in Part 3 of Article 16, relating to the health of students, by adding a new Code Section 20-2-771.2 to read as follows:
"20-2-771.2.
Each local board of education shall establish policies and procedures regarding a school health nurse program. Such school health nurse programs shall be staffed by licensed health care professionals. Each local board of education may contract or consult with health professionals knowledgeable in children's health issues to establish the standards, policies, and procedures of a school health nurse program. Such standards, policies, and procedures shall be in accordance with the restrictions set forth in Code Section 20-2-773."
SECTION 65.
Said chapter is further amended in Code Section 20-2-942, relating to the procedure for nonrenewal after acceptance by a teacher of a school year contract for a fourth consecutive school year, by adding at the end thereof a new subsection, to be designated as subsection (d), to read as follows:

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"(d) A person who first becomes a teacher on or after July 1, 2000, shall not acquire any rights under this Code section to continued employment with respect to any position as a teacher. A teacher who had acquired any rights to continued employment under this Code section prior to July 1, 2000, shall retain such rights."
SECTION 66.
Said chapter is further amended in Article 27, relating to loitering at or disrupting schools, by striking in its entirety Code Section 20-2-1183, relating to a prohibition against electronic pagers, and inserting in lieu thereof a new Code Section 20-2-1183 to read as follows:
"20-2-1183.
(a) No area, county, or independent board of education shall permit any pupil to carry a pocket pager or electronic communication device in school except for health or other unusual reasons approved by the board of education.
(b) Any student found in violation of the provisions of this Code section shall be subject to in-school suspension placement in an alternative education program."
SECTION 67.
Said chapter is further amended in Code Section 20-2-2064, relating to the approval or denial of a petition to establish a charter school, by adding at the end thereof a new subsection (d) to read as follows:
"(d)(1) The state board may grant a state charter for a special school as authorized by Article VIII, Section V, Paragraph VII of the Constitution. When a petition submitted by a charter petitioner for a charter school has been denied by a local board of education, the state board may grant such a charter if:
(A) With respect to a petition submitted by a local school, such petition has been agreed to on a secret ballot by a majority of the faculty and instructional staff of the petitioning local school, at a meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the state board;
(B) With respect to a petition submitted by a local school, such petition has been agreed to by a majority of the parents or guardians of students enrolled at the petitioning local school present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the state board; and
(C) With respect to a petition submitted by any charter petitioner, the state board finds that such petition meets the requirements set forth in Code Section 20-2-2063 and is in the public interest with respect to the applicability to the proposed charter school of the provisions of this title and applicable state rules, regulations, policies, and procedures.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, the state board shall not grant a charter to a home study program or school, sectarian or religious school, private for profit school, private educational institution not established, operated, or governed by the State of Georgia, or an existing private school.
(3) The state board may require a local referendum of the qualified voters in all of the systems affected by a charter granted pursuant to this subsection. Such referendum shall be held at the next regularly scheduled general election or as otherwise authorized by the county or counties in which the school system is located. Such referendum shall be held for the purpose of deciding whether the local school board shall use local bonded indebtedness and school tax levies to support such charter school and the ballot question shall be approved by the State Board of Education."
SECTION 68.
Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended in Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, by striking subsections (d) and (e) and inserting in lieu thereof new subsections (d) and (e) to read as follows:

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"(d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at a public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education;
(2) Meet achievement standards by meeting the following criteria:
(A) Meeting all achievement standards for HOPE eligibility in his or her junior year;
(B) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and
(C)(B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
(3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree.
(e) A student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible student who regains a cumulative grade point average of at least 3.0 at the end of the a quarter or semester in which the student has attempted 90 quarter hours or 135 quarter hours or 60 semester hours or 90 semester hours may requalify for a HOPE scholarship."
SECTION 69.
Said chapter is further amended in Code Section 20-3-519.5, relating to eligibility requirements for a HOPE grant at a branch of the Georgia Department of Technical and Adult Education, by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An eligible student may receive HOPE grants for all course work required by the institution for two programs of study leading to a certificate or diploma, including remedial or developmental studies. Such a student may change his or her program of study twice."
SECTION 70.
Said chapter is further amended in Code Section 20-3-519.7, relating to eligibility for a PROMISE teacher's scholarship, by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) To be eligible for a PROMISE teacher's scholarship, a student seeking a bachelor's degree in teacher education shall:
(1) Be admitted, enrolled, and classified as an a full-time or part-time undergraduate student in a matriculated status at an eligible postsecondary institution maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled;
(2) For a student in the junior year, have earned a minimum overall cumulative 3.6 3.2 grade average in a postsecondary institution at the beginning of the first term for which scholarship aid is requested and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled;

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(3) For a student in the senior year, have received the PROMISE teacher's scholarship in his or her junior year, and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled;
(4) Be accepted for enrollment into an approved teacher education program in Georgia leading to initial certification; and
(5)-Not yet have obtained a baccalaureate degree; and
(6) (5) Agree to teach in a public school in Georgia at the preschool, elementary, middle, or secondary level for one academic year for each $1,500.00 in PROMISE teacher scholarship funds awarded and sign a promissory note that stipulates the cash repayment obligation incurred if the teaching service is not fulfilled."
SECTION 71.
Said chapter is further amended in Part 7 of Article 7, relating to HOPE Scholarships and Grants, by striking in its entirety Code Section 20-3-519.10, relating to the application of HOPE scholarships and HOPE grants, and inserting in lieu thereof a new Code Section 20-3-519.10 to read as follows:
"20-3-519.10.
A HOPE scholarship and a HOPE grant may be applied only to tuition, and mandatory fees, not covered by any Pell grant or other federal grant and book costs ."
SECTION 72.
Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, is amended by striking paragraphs (8) and (9) and inserting in lieu thereof new paragraphs (8) through (11) to read as follows:
"(8) Establish a plan whereby employees of the Department of Technical and Adult Education may, through payroll deductions, make voluntary contributions to the Georgia Fund for Technical and Adult Education, Inc., provided that such plan shall:
(A) Be consistent with the requirements of subsection (b) of Code Section 45-20-53, Code Section 45-20-54, Code Section 45-20-55, and Code Section 45-20-56; and
(B) Not interfere with the right of employees of the Department of Technical and Adult Education to make voluntary contributions to other charitable organizations pursuant to the provisions of Article 3 of Chapter 20 of Title 45; and
(9) Prescribe criteria, policies, and standards deemed necessary for the effective implementation of a program financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing teachers the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the statewide distance learning network. Such program shall include the expenditure of funds appropriated for such purpose to defray the costs associated with repairing and maintaining advanced electronic instructional technology. ;
(10) Approve a request by a postsecondary technical school or institution governed under this chapter to be named a technical college upon the approval and granting of occupational degree-granting status by the State Board of Technical and Adult Education and upon receiving accreditation by the Commission on Colleges of the Southern Association of Schools, the Council on Occupational Education, or any other appropriate accrediting agency approved by the United States Secretary of Education. The use of the name technical college shall not alter the governance of the technical school or institution as established under this chapter nor shall it abridge the authority of the Board of Regents of the University System of Georgia under the Constitution of this state; and

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(11) Submit an annual request for funding to the Office of Planning and Budget as prescribed in Code Sections 4512-78 and 45-12-79. Such submission shall reflect a request for funds pursuant to an enrollment driven formula that reflects funds for direct instructional costs to include salaries and instructional supplies and equipment, funds for indirect support, maintenance and operation, staff and professional development, and media services. Such funding shall be subject to appropriation by the General Assembly."
SECTION 73.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end thereof a new chapter, to be designated as Chapter 14, to read as follows:
"CHAPTER 14 ARTICLE 1
20-14-1.
The General Assembly finds in regard to the creation of an Education Coordinating Council that said council should:
(1) Provide a forum for interagency communication regarding educational policy and programs;
(2) Provide for the effective and efficient coordination and seamlessness of public education programs and components within the education system of Georgia;
(3) Prevent unnecessary duplication of services within the education system of Georgia; and
(4) Oversee and review all education accountability programs from pre-kindergarten through postsecondary education in Georgia.
20-14-2.
There is created an education council to be known as the 'Education Coordinating Council' or 'council' and as used in this chapter, the term 'council' shall mean the Education Coordinating Council.
20-14-3.
(a) The council shall consist of the Governor, the State School Superintendent, the chairperson of the State Board of Education, the chancellor of the University System of Georgia, the chairperson of the Board of Regents of the University System of Georgia, the commissioner of the Department of Technical and Adult Education, the chairperson of the State Board of Technical and Adult Education, the executive secretary of the Professional Standards Commission, the chairperson of the Professional Standards Commission, and the director of the Office of School Readiness.
(b) The Governor shall be the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council as prescribed in the council's bylaws.
(c) Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days public notice for regular meetings and with such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or nay vote or absence of each member, on all questions and matters coming before the council. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. No member of the council shall be represented by a delegate or agent.

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20-14-4.
(a) Except as otherwise provided in this part, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the council unless the vote of a greater number is required by law or by the bylaws of the council.
(b) The chairperson may designate from among the members of the council one or more committees, each consisting of two or more members of the council, which shall have and exercise such authority as the council may delegate to it under such procedures as the council may provide by resolution establishing such committee or committees.
20-14-5.
The council shall issue an annual report. Copies shall be distributed to each member of the General Assembly not later than the first Monday in December of every year, commencing December 2001. The report shall include:
(1) A summary of the council's activities, findings, recommendations, and decisions over the past year; and
(2) Such other matters as the council shall determine to include.
20-14-6.
All departments, boards, and offices represented on the council, the Office of Planning and Budget, and the Office of Education Accountability shall select and appoint such personnel as each such department, board, or office shall determine to be necessary to support the council in the performance of its duties, with the approval of the council. Such personnel shall serve at the direction of the council. Payment for all costs and salaries of such personnel shall come from funds appropriated to the respective departments, boards, and offices.
20-14-7.
The council shall have the following powers:
(1) To have a seal and alter the same at its pleasure;
(2) To adopt bylaws for its internal government and procedures;
(3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the council or to further the public purpose for which the council is created;
(4) 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 instrumentality thereof or from any other source for any or all of the purposes specified in this article and to comply, subject to the provisions of this article, with the terms and conditions thereof;
(5) To fix and collect fees and charges for data, information, and incidental services furnished by it to any private individual or entity;
(6) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; and
(7) To promulgate rules and regulations for the purposes and pursuant to the powers enumerated in this article.
20-14-8.

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The council shall have the following general powers and duties, in addition to any and all other powers enumerated in this article, any or all of which may be exercised by the council directly or by the Office of Education Accountability under the direction and supervision of the council:
(1) To foster coordination and cooperation among the chief officers of the departments, boards, and offices represented on the council;
(2) To develop a seamless and integrated public education system;
(3) To require the shared and efficient expenditures for and utilization of facilities, personnel, and other resources;
(4) To require the seamless coordination of curriculum among the departments, boards, and offices represented on the council;
(5) To require reasonable ease of transition for students among the educational institutions represented on the council;
(6) To establish and require high and necessary levels of student achievement at all levels of education;
(7) To exercise oversight of accountability systems that are within or among the departments, boards, and offices represented on the council and develop overlay accountability systems through the Office of Education Accountability;
(8) To exercise supervision and oversight over the Office of Education Accountability created in Part 2 of Article 2 of this chapter;
(9) To coordinate the activities of state, regional, and local cooperative public education agencies, offices, or councils, including, but not limited to, the state's regional educational service agencies or other such groups that may be created in addition or in their place;
(10) To ensure the availability and quality of the education work force through preparation, professional development, and nontraditional routes to employment;
(11) To oversee the development and implementation of a comprehensive system-wide education student information system that will support the implementation of an education accountability system and improve the seamless operation of public education;
(12) To simplify rules and regulations by all departments, boards, and office represented on the council;
(13) To develop a state-wide mentoring program that enhances student achievement at all levels of public education;
(14) To establish and coordinate a school safety collaborative with representation from agencies and organizations designated by the council to improve the school climate and enhance school safety; and
(15) To mediate disputes among the Department of Education, the University System of Georgia, the Department of Technical and Adult Education, the Professional Standards Commission, the Office of School Readiness, and the Office of Education Accountability in matters regarding accountability or education system seamlessness.
20-14-9.
All state departments, agencies, boards, bureaus, commissions, and authorities are authorized and required to make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council.

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20-14-10.
Any decision or action by the council directing action by any department, board, or office represented on the council shall be placed on the agenda of the next regularly scheduled meeting of the governing body of the affected department, board, or office for immediate action. The action taken by the affected department, board, or office shall be reported to the council at the next regularly scheduled meeting of the council.
20-14-11.
(a) The director of the budget may delegate to the council the authority provided by subsection (a) of Code Section 45-12-78 and subsection (a) of Code Section 45-12-79 to receive and examine the statements and estimates of any department, board, or office represented on the council. Pursuant to such delegation, the council may make such further investigation as the council deems advisable and shall direct such changes or revisions in policies or programs in such specific details as the council finds warranted. Thereafter, the council shall submit such revised statements and estimates to the Office of Planning and Budget.
(b) The delegation of authority authorized in subsection (a) of this Code section shall not limit the authority of the director of the budget to make or cause to be made, with respect to any department, board, or office represented on the council, such investigation by the Office of Planning and Budget or the direction of such changes or revisions in policies or programs and in such specific detail as he or she finds warranted, as provided by subsection (a) of Code Section 45-12-79.
ARTICLE 2 Part 1
20-14-20.
As used in this part, the term:
(1) 'Board of regents' means the Board of Regents of the University System of Georgia.
(2) 'Council' means the Education Coordinating Council created in Article 1 of this chapter.
(3) 'Director' means the director of the Office of Education Accountability.
(4) 'Early intervention program' means the program established under Code Section 20-2-153.
(5) 'Office' means the Office of Education Accountability.
Part 2
20-14-25.
(a) There is created the Office of Education Accountability.
(b) The chief administrative and executive officer of the office shall be the director, who shall be appointed by the Governor with the advice and consent of the Senate. Subject to the general policy established by the Education Coordinating Council, the director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office as provided by law. The director shall receive a salary to be determined by the Governor.
(c) The director shall have the authority to employ all personnel of the office, subject to the provisions of this part and all applicable provisions of other laws governing public employment.
(d) The office may adopt a seal for its use and shall be authorized to enter into contracts to fulfill its duties under this article.

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(e) The office shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Office of Planning and Budget.
20-14-26.
(a) The office shall have the following powers and duties:
(1) To develop accountability systems with components that include but are not limited to expectations of student achievement, measurement of student achievement, data bases of such measurements, analysis of such data for trends in achievement, interventions, awards, the intended and efficient expenditure of allotted education funds, and public awareness of all such components;
(2) To create, develop, and recommend to the departments, boards, and offices represented on the council such additions, deletions, changes, or other modifications that will improve accountability systems that exist or may be created within or among the departments, boards, and offices represented on the council;
(3) To audit and inspect or cause to be audited or inspected for the purpose of verification, research, analysis, reporting, or for other purposes related to the performance of its powers and duties as provided in this article and for the purposes of auditing pre-kindergarten, elementary, middle grades, and secondary education, postsecondary education, and education work force programs and schools, local school systems, institutes, colleges, universities, regional educational service agencies, and other public education programs and entities as defined by the council;
(4) To assist the council in the development of a state-wide education student information system;
(5) To serve as staff to the council; and
(6) To exercise the powers and discharge duties of the council, as set forth in Code Section 20-14-8, under the supervision and oversight of the council.
(b) The member agencies of the council and other departments, boards, and offices of this state shall cooperate fully with the office and shall provide the office with all information that the council deems necessary for the office to discharge its accountability duties under this Code section regarding the education programs and units governed by such member agencies or other departments, boards, or offices.
20-14-27.
(a) The office shall submit the following reports to the council:
(1) An annual report regarding pre-kindergarten education shall be submitted no later than December 1 of each year, commencing December 1, 2002. The pre-kindergarten report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all pre-kindergarten and child care programs under the administrative control of the Office of School Readiness. The pre-kindergarten report shall include information concerning results of the state's investment in each pre-kindergarten program;
(2) An annual report regarding elementary and secondary education shall be submitted no later than December 1 of each year, commencing December 1, 2001. The elementary and secondary education report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all elementary and secondary education programs administered by the Department of Education. The elementary and secondary education report shall include information concerning results of the state's investment in each public school and each public school system;
(3) An annual report regarding postsecondary education shall be submitted no later than December 1 of each year, commencing December 1, 2002. The postsecondary education report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all universities, colleges, institutes, and schools in the University System of Georgia and under the governance of the Department of

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Technical and Adult Education. The postsecondary education report shall include information concerning results of the state's investment in each university, college, institute, and school; and
(4) An annual report regarding the Georgia education work force shall be submitted no later than December 1 of each year, commencing December 1, 2002. The Georgia education work force report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for the education work force status under the administrative control of the Professional Standards Commission. The Georgia education work force report shall contain information on the results of the state's investments in teacher preparation, educators' professional development, education leadership development, in-field teaching, geographic teacher shortages, alternative routes to teacher certification, and other general information and indicators on the quality of the education work force.
(b) Each report provided for in this Code section shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Such reports shall be distributed to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, the chairpersons of the Education and Higher Education committees of the Senate and House of Representatives, members of the General Assembly, members of the state education governing boards or commissions, and members of the council. In addition, such reports shall be posted on the website of the office.
Part 3
20-14-30.
The office shall create and implement, with the approval of the council, a state-wide grades kindergarten through 12 accountability assessment program that is performance based to ensure school accountability for the goals of improved student achievement and improved school completion.
20-14-31.
Except as otherwise provided in this article, the office shall establish the level of performance considered to be satisfactory on each assessment instrument administered under Code Section 20-2-281 by establishing the standard that should be achieved by students in each subject area at each grade level. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
20-14-32.
The office's state education accountability analysis and reporting program shall obtain nationally comparative results and benchmarks for the subject areas and grade levels for which criterion-referenced and nationally normed reference assessment instruments are adopted, compare Georgia results to such results, and include the findings in the reports required of the office.
20-14-33.
(a) The office shall adopt and biennially review and revise as necessary, indicators of the quality of learning by students in an individual school.
(b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to ethnicity, sex, disability, language proficiency, and socioeconomic status and must include:
(1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area;
(2) Dropout rates for each school;

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(3) Student attendance rates for each school;
(4) School completion rates for each school;
(5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instrument until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281;
(6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule;
(7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281;
(8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects;
(9) The results of the Scholastic Assessment Test or the American College Test;
(10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281;
(11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and
(12) Any other indicator the office recommends, the council approves, and the State Board of Education adopts.
(c) Performance on the indicator shall be compared to state standards, progress on improved student achievement, and comparable performance. The state standard shall be established by the office as provided in Code Section 2014-31. Required improvement is defined as the progress necessary for the school or local school system to meet state standards and for its students to meet exit requirements as defined by the office pursuant to Code Section 2014-31. Comparable improvement is derived by measuring schools and local school systems against a profile developed from a total state student performance data base which exhibits substantial equivalence to the characteristics of students served by the school or system, including past academic performance, socioeconomic status, ethnicity, sex, disability, and language proficiency. Data and information regarding the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(d) The office shall establish individual school ratings for each school in this state for annual academic performance on the assessment instruments required under Code Section 20-2-281, with:
(1) A school grade of A, B, C, D, or F on the established absolute student achievement standard;
(2) A school grade of A, B, C, D, or F for the school on the progress on improved student achievement; and
(3) A school performance status on other school performance indicators as defined in subsection (b) of this Code section.
(e) Annually, the office shall define exemplary, acceptable, and unacceptable performance for each academic excellence indicator included under paragraphs (2) through (12) of subsection (b) of this Code section and shall project the standards for each of those levels of performance for succeeding years. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(f) Each school system shall provide all student performance data and all other student school completion and attendance data to the Department of Education's educational information system in accordance with rules and timelines established by the office.
(g) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of

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Education's educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall cooperate with the office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(h) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of a 'below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for purposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(i) The office shall annually review the performance of each school on the indicators identified in subsection (b) of this Code section and determine whether a change in the school rating status of the school is warranted.
20-14-34.
(a) Each school year, the office shall prepare and distribute to each school system a report card for each school in the State of Georgia. The school report cards must be based on the most current data available disaggregated by student groups. School performance must be compared to:
(1) Previous school and local school system performance;
(2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; and
(3) Comparable school group performance.
This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of funding, awards, and interventions.
(b) The report card shall include the following information, where applicable:
(1) The individual school grades as defined in subsection (d) of Code Section 20-14-33;
(2) The academic excellence indicators identified in paragraphs (2) through (12) of subsection (b) of Code Section 20-14-33;
(3) Student-teacher ratios; and
(4) Administrative and instructional costs per student and other financial accounting information as may be required.
(c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student performance and school completion results of each school in the state and a rating for each school based on the definitions as provided in subsection (d) of Code Section 20-14-33.
(d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school report card to any other party. These reports shall be posted on a website at both the state and local school system level.
20-14-35.

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(a) The office may:
(1) Conduct on-site audits of any school at any time, subject to the approval of the director;
(2) Raise or lower any performance rating as a result of the audit; and
(3) Review school fund accounting information and records to determine effective and efficient expenditure of state funds as allocated.
(b) The director shall determine the frequency of on-site audits by the office according to annual comprehensive analyses of student performance and equity in relation to the academic excellence indicators and fund accounting assessments as adopted under subsection (b) of Code Section 20-14-34.
(c) In making an on-site school performance audit, the auditor shall obtain information from administrators, teachers, and parents of students enrolled in the local school system. The audit may not be closed until information is obtained from each of those sources. The office shall adopt rules regarding obtaining information from parents and using that information in the auditor's report and obtaining information from teachers in a manner that prevents a school or school system from screening the information.
(d) The auditors shall report to the local board of education, the local school council, and appropriate school administrators and shall report findings and recommendations concerning any necessary improvements or intervention strategies. School audit reports shall be provided to the council and the State Board of Education.
(e) The director may authorize other school audits to be conducted under the following circumstances:
(1) When excessive numbers of absences of students eligible to be tested on state assessment instruments are determined; or
(2) When a school or school system has not provided student performance information to the Department of Education's educational information system as required under subsection (b) of Code Section 20-2-167.
20-14-36.
The office shall recommend, and the council shall adopt, written procedures for conducting on-site audits under this part. The office shall make the procedures available to the schools, school councils, local boards of education, and the public. Office staff shall be trained in audit procedures and shall follow such procedures in conducting the audit.
20-14-37.
The Georgia schools awards system is created to recognize those schools and school systems that demonstrate progress or success in achieving the education goals of the state and achieving excellence on the office school rating system as defined in Code Section 20-14-33.
20-14-38.
(a) Financial awards will be provided to the schools that the office determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion, subject to appropriation by the General Assembly and any limitation set by the director on the total amount that may be awarded to a school or local school system.
(b) Financial awards will be provided to each school that achieves a grade of A or B as defined in Code Section 2014-33 for performance on both the absolute student achievement standard and progress on student achievement. The certificated personnel in a school that achieves the grade of A or B in either or both categories will be provided a bonus for the year the school achieved those grades of $1,000.00 for each grade of A and $500.00 for each grade of B. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as otherwise may be provided. An additional

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financial award will be provided to each school for noncertificated personnel in the amount of $10,000.00 for each A grade for the school and $5,000.00 for each B grade for the school, provided that the total lump sum noncertificated personnel award for an individual school shall not exceed $20,000.00; provided, further, that funds for this purpose are appropriated by the General Assembly or as otherwise may be provided. The local school council of the school receiving this noncertificated personnel award shall determine the distribution of the award among such personnel of its school.
(c) In addition, the Governor may present proclamations or certificates to schools and school systems determined to have met or exceeded the state's education goals under Code Section 20-14-30.
20-14-39.
The award system may be funded by donations, grants, or appropriation by the General Assembly or as otherwise provided. The State Board of Education may solicit and receive grants and donations for the purpose of making awards under this part. Award funds may be used by the State Board of Education to pay for the costs associated with sponsoring a ceremony to recognize or present awards to schools or school systems under this part. The donations, grants, or appropriations by the General Assembly shall be accounted for and distributed by the State Board of Education. The awards are subject to audit requirements established by the office.
20-14-40.
All individual student performance data and information and reports received by the office, the Department of Education, and the State Board of Education under this part from schools or school systems shall be deemed confidential and may not be disclosed.
20-14-41.
(a) If a school has a grade of D or F on student performance for the absolute student achievement standard or on progress on improved student achievement as determined by the office, the office, in the audit report on an individual school, shall report findings and recommend appropriate levels of interventions for that school, based on a scale of increasingly severe interventions, to the State Board of Education. The State Board of Education shall prescribe the appropriate level of intervention and may include one or more of the following increasingly severe interventions:
(1) Issuing public notice of the deficiency to the local board of education;
(2) Ordering a hearing to be conducted by the local board of education at the school for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance;
(3) Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the school's performance is unacceptable, the submission of the plan to the director for approval, and implementation of the plan;
(4) Appointing a Department of Education school improvement team to:
(A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the school's low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel;
(B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, staff development focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, waivers from state statutes or rules, extended instruction time for low-performing students, smaller class size for low-performing students, or other actions the team considers appropriate;

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(C) Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and
(D) Assist the director in monitoring the progress of the school in implementing the intensive school improvement plan focused on student achievement;
(5) If a school has received a grade of D or F for a period of two consecutive years or more, appointing a school master or management team to oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state; or
(6) If a school has received a grade of D or F for a period of three consecutive years or more, the State Board of Education shall implement one or more of the following interventions or sanctions, in order of severity:
(A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a threeyear period as a condition for continued receipt of state funds for administration;
(B) Allow for the implementation of a state charter school through the designation by the State Board of Education;
(C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years;
(D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; or
(E) Mandate a monitor, master, or management team in the school that shall be paid by the district.
(b) The State Board of Education shall clearly define the powers and duties of a master or management team appointed to oversee the operations of a school.
(c) A school improvement team appointed under this Code section may consist of currently employed or retired teachers, principals, other educational professionals, Department of Education school improvement employees, or local school superintendents recognized for excellence in their roles and appointed by the State Board of Education to serve as members of a team.
(d) The State Board of Education shall annually report by June 30 of each year the status of the interventions imposed on low-performing schools to the office with recommendations regarding ending, extending, or upgrading the interventions on those schools. The director shall review and comment on the report.
Part 4
20-14-50.
(a) The office shall create and the council shall adopt the rules and policies that support a postsecondary accountability assessment program that is primarily performance based.
(b) The office shall develop and the council shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the University System of Georgia and the Department of Technical and Adult Education.
(c) The office and the board of regents shall identify, define, and develop such performance indicators and measures by December 1, 2001. The first report card on universities and colleges shall be implemented and produced by the office by December 1, 2002.

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(d) The office and the State Board of Technical and Adult Education shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the department, institutes, and schools by December 1, 2002.
(e) After December 1, 2002, the office shall audit those postsecondary institutions, schools, colleges, or programs as necessary in implementing the education accountability system described in this part.
Part 5
20-14-60.
(a) The office, with the approval of the council, shall create and the Office of School Readiness shall adopt the rules and policies that support a pre-kindergarten accountability assessment program that is primarily performance based.
(b) The office shall develop and the Office of School Readiness shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the Office of School Readiness.
(c) The office and the Office of School Readiness shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the Office of School Readiness and pre-kindergarten programs by December 1, 2002.
(d) After December 1, 2002, the office shall audit those pre-kindergarten programs as necessary in implementing the education accountability system described in this part.
Part 6
20-14-70.
(a) The office, with the approval of the council, shall create and the Professional Standards Commission shall adopt the rules and policies that support an education work force accountability assessment program that is primarily performance based.
(b) The office shall develop and recommend and the Professional Standards Commission shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the Professional Standards Commission and the Georgia education work force.
(c) The office and the Professional Standards Commission shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the Professional Standards Commission and the Georgia education work force by December 1, 2002.
(d) After December 1, 2002, the office shall audit the education work force practicing in this state and all teacher preparation and professional development programs as necessary in implementing the education accountability system described in this part.
Part 7
20-14-80.
(a) There shall be a comprehensive educational information system steering committee as provided in Code Section 20-2-320.
(b) The office shall provide a member to the educational information system steering committee to assure that all necessary data, information, and specifications are included in the development of and changes to the educational information system for purposes of education accountability."

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SECTION 74.
Said chapter is further amended by striking in its entirety the term "comprehensive educational information network" and inserting in lieu thereof the term "comprehensive educational information system" wherever it appears in:
(1) Subsection (m) of Code Section 20-2-260, relating to capital outlay funds under the "Quality Basic Education Act"; and
(2) Subsection (a) of Code Section 20-2-697, relating to student attendance reports and records kept by public elementary and secondary schools.
SECTION 75.
The Official Code of Georgia Annotated is amended by striking in its entirety the term "local fair share" and inserting in lieu thereof the term "local five mill share" wherever it appears in:
(1) Subsection (a) of Code Section 20-2-133, relating to free public instruction of elementary and secondary students;
(2) Paragraph (2) of subsection (a) of Code Section 20-2-166, relating to the calculation and allotment of state funds to local school systems under the "Quality Basic Education Act";
(3) Paragraph (2) of subsection (a) of Code Section 20-2-187, relating to the state-wide school lunch program for elementary and secondary students;
(4) Subsections (a) and (c) of Code Section 20-2-250, relating to projects to improve effectiveness under the "Quality Basic Education Act";
(5) Subsection (b) of Code Section 20-2-252, relating to electronic technology plans and grants under the "Quality Basic Education Act";
(6) Subsection (d) of Code Section 20-2-283, relating to corrective plans for nonstandard local units of elementary and secondary school administration and elementary and secondary schools; and
(7) Subsection (m) of Code Section 48-5-7.5, relating to the assessment of standing timber for ad valorem taxation."
SECTION 76.
This Act shall become effective on July 1, 2000.
SECTION 77.
All laws and parts of laws in conflict with this Act are repealed.
Senators Tate of the 38th and Fort of the 39th offered the following amendment (#1):
Amend the Senate Committee on Education substitute to HB 1187 by striking lines 1 through 3 of page 5 and inserting in lieu thereof:
"school health nurse program;"
By striking in its entirety Section 65 on page 126, lines 12 through 23.
By redesignating Sections 66 through 77 as Sections 65 through 76, respectively.

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Senator Tate of the 38th asked unanimous consent that the amendment be withdrawn. The consent was granted, and the Tate/Fort amendment (#1) was withdrawn.
Senator Land of the 16th offered the following amendment (#2):
Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking line 8 of page 6 and inserting in lieu thereof the following:
"performance, including the provision of scholarships to allow low-income students in low-performing elementary schools to attend an accredited private school or an adequate local school during the 2000-2001 through 2006-2007 school years and through the completion of elementary school; to provide for the amount of such scholarships; to provide for the administration of the scholarship program by the State Board of Education; to establish certain requirements for private schools that participate in the scholarship program; to authorize local boards of education to use local education funds to supplement the scholarships provided for in this Act; to provide for the duties of the Office of".
By adding between lines 25 and 26 of page 150 the following:
"(a.1)(1) If an elementary school is determined by the State Board of Education pursuant to Code Section 20-1443.1 to be a low-performing local school for three consecutive years, then:
(A) The State Board of Education shall mandate that the parents have the option to relocate the student to other public schools in the local school system, to be chosen by the parents of the student, during the 2000-2001 through 2006-2007 school years and through the completion of elementary school, with transportation costs borne by the system; and
(B) Any low-income student who is otherwise eligible and qualified to attend such a school shall, in lieu of attending such a school, be eligible to receive a scholarship to be expended for the purpose of paying or otherwise defraying the cost of tuition at an accredited private school or an adequate local school during the 2000-2001 through 2006-2007 school years and through the completion of elementary school, as provided in Part 3A of this article.
(2) As used in this subsection, the term 'low-performing local school' means a school that meets all of the following criteria:
(A) Less than 50 percent of third grade students and less than 50 percent of fifth grade students enrolled in the school scored above the national median on the reading portion of the Iowa Test of Basic Skills;
(B) Less than 50 percent of third grade students and less than 50 percent of fifth grade students enrolled in the school scored above the national median on the mathematics portion of the Iowa Test of Basic Skills; and
(C) The school scored above the state median on the percentage of students who do not attend school for ten or more days in a school year.".
By adding after line 41 of page 150 the following:
"Part 3A
20-14-42.
Mindful of the primary obligation of the state to provide an adequate public education for its citizens under Article VIII, Section I, Paragraph I of the Constitution of Georgia, and the authority vested in the General Assembly under Article VIII, Section VII of the Constitution of Georgia to authorize the expenditure of public funds to provide grants, scholarships, loans, or other assistance to students and to parents of students for educational purposes, it is the intent of the General Assembly to provide a means, on a limited pilot basis, whereby:

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(1) The state can fulfill a primary obligation under the Constitution of Georgia to provide public funds for the adequate education of its citizens through the provision of scholarships to low-income students who are compelled by state law and inadequate financial resources to attend poorly performing local schools; and
(2) Low-income students can enjoy greater opportunities for access to learning through the removal of financial barriers that prevent them from exercising the liberty of choice as to their manner of life to which they are entitled under Article I, Section I, Paragraph I of the Constitution of Georgia.
20-14-43.
As used in this part, the term:
(1) 'Accredited' means holding a valid accreditation from any of the entities described in subparagraph (A) of paragraph (6) of Code Section 20-3-519.
(2) 'Adequate local school' means a local school, other than an low-performing local school, which is not part of the local school system in which an eligible low-income student resides.
(3) 'Local board' means a county or independent board of education exercising control and management of a local school system pursuant to Article VIII, Section V, Paragraph II of the Constitution of Georgia.
(4) 'Local school' means a public school in Georgia that is under the management and control of a local board.
(5) 'Local school system' means the system of public schools established and maintained by a local board within its limits pursuant to Article VIII, Section V, Paragraph I of the Constitution of Georgia.
(6) 'Low-income student' means any student in grades kindergarten through six, who is a member of a family with a gross household income equal to or less than 200 percent of the federal poverty level.
(7) 'Low-performing local school' means a local elementary school which, in the three consecutive years immediately preceding the school year for which a scholarship is granted pursuant to this part to a low-income student attending such local elementary school, meets all of the following criteria:
(A) Less than 50 percent of third grade students and less than 50 percent of fifth grade students enrolled in the school scored above the national median on the reading portion of the Iowa Test of Basic Skills;
(B) Less than 50 percent of third grade students and less than 50 percent of fifth grade students enrolled in the school scored above the national median on the mathematics portion of the Iowa Test of Basic Skills; and
(C) The school scored above the state median on the percentage of students who do not attend school for ten or more days in a school year.
(8) 'Parents' means the natural or adoptive parent or parents, legal guardian, or other person or persons standing in loco parentis to or having legal custody of a child eligible and entitled to receive an education scholarship under this part, who is actually paying or will pay the tuition cost of attendance of such child at an accredited private school or an adequate local school and who may redeem a scholarship awarded pursuant to this part.
(9) 'Private school' shall have the same meaning as set forth in subsection (b) of Code Section 20-2-690.
(10) 'State board' means the State Board of Education.
(11) 'Tuition' means the actual tuition charged to a parent by a private school, or by an adequate local school pursuant to Code Section 20-2-133, and the additional cost to such parent of required uniforms, books, and home-toschool transportation.
20-14-43.1.

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The State Board of Education shall annually review all public elementary schools to determine whether a school is a low-performing local school. The state board shall use data compiled by the Council for School Performance established by Ga. L. 1993, page 1438, where such data is available, in making such determinations.
20-14-44.
Every low-income student who is otherwise eligible and qualified to attend a low-performing local school shall, in lieu of attending such local school, be eligible to receive a scholarship to be expended for the purpose of paying or otherwise defraying the cost of tuition at an accredited private school or an adequate local school at which the lowincome student is enrolled during the school years 2000-2001 through 2006-2007.
20-14-45.
(a) The amount of a scholarship awarded pursuant to this part to a particular eligible low-income student shall be equal to the lesser of the following:
(1) The amount of tuition applicable to the accredited private school or adequate local school where the student is enrolled; or
(2) Ninety percent of the state per pupil expenditure for the local school system in which the applicable school is located. The state per pupil expenditure shall be calculated as the amount allotted to the local school system pursuant to Code Section 20-2-166 divided by the full-time equivalent program count of the local school system, as determined pursuant to subsection (d) of Code Section 20-2-160.
(b) The state board shall annually provide a scholarship to every eligible low-income student.
(c) If an eligible low-income student transfers into a participating private school or adequate local school after the beginning of the year, the amount of the scholarship may be prorated.
(d) A scholarship may be redeemed by the student's parent at any participating accredited private school or adequate local school.
(e) After the parent designates the participating private school or adequate local school in which the eligible lowincome student is enrolled, the state board shall disburse the student's scholarship funds in equal monthly amounts to the parent's account with the school. Monthly disbursement shall occur within 30 days of receipt of the school's statement of current enrollment. The parent's signature must be obtained at the school at the time of each payment.
(f) A low-income student receiving a scholarship pursuant to this part shall remain eligible to receive such scholarship for a period of time equal to the length of time the student would have been enrolled in the lowperforming local school had the student completed all of the grades available at the low-performing local school, but no longer than through the end of the 2012-2013 school year.
(g) A scholarship provided under this part is a grant of aid to a student through the student's parents and not to the accredited private school or adequate local school in which the student is enrolled and is not taxable income. Regardless of the means used by the state for the distribution of scholarship aid under this part, for purposes of this part, all scholarship aid that ultimately flows to a participating school shall be deemed to do so only as a result of the genuinely independent and private choices of the scholarship recipients.
(h) A parent is free to choose any participating accredited private school or adequate local school and that selection does not constitute a decision or act of the state or any of its subdivisions.
20-14-46.
(a) An accredited private school qualifies to participate in the program established pursuant to this part and has a right to participate in the program if the school:

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(1) Complies with all the requirements imposed by the general statutory law of this state upon private schools;

(2) Does not discriminate on the basis of race, ethnicity, color, or national origin;

(3) Does not advocate the violation of persons or the property of persons or any other unlawful behavior; and

(4) Does not deliberately provide false or misleading information respecting the school.

(b) An accredited private school or adequate local school becomes a participating school by redeeming a scholarship; provided, however, that an adequate local school may not redeem scholarships without authorization from its local board.

(c) A participating school shall not be obligated to provide transportation to students participating in the program.

(d) Nothing in this part shall be construed to compel a private school or adequate local school to become a participating school.

(e) Once a school becomes a participating school, it shall continue to participate until the completion of the school year.

(f) Nothing in this part shall be construed to compel a participating school to continue to participate in subsequent school years.

(g) A participating private school shall not be subject to any regulations or rules beyond those which apply to all private schools operating in this state; provided, however, that the state board may implement such minimal procedures as may be necessary to administer the scholarship program in accordance with this part. Participating private schools, regardless of size, shall be accorded maximum flexibility to educate their students and shall be free from any and all regulation by a local board or the state board beyond that which may be lawfully imposed for the protection of the safety and welfare of citizens under the Constitution of Georgia and the United States Constitution.

20-14-47.

Students receiving education scholarships under this part shall not be included in the full-time equivalent program count conducted under Code Section 20-2-160 for any local school system of this state for the purpose of allotment and distribution of state funds under Article 6 of Chapter 2 of this title.

20-14-48.

A local board may, at its election and pursuant to its right under Article VIII, Section VI, Paragraph I of the Constitution of Georgia to expend school tax funds for the support and maintenance of public education and the General Assembly's power under Article VIII, Section VII of the Constitution of Georgia to authorize the expenditure of public funds to provide scholarships, utilize local education funds to supplement the amount of the scholarships paid under this part. Any such supplemental funds shall be expended in an amount and under such procedures as may be prescribed by the local board.

20-14-49.

The state board shall adopt such rules and guidelines as are necessary for the distribution of the scholarships provided pursuant to this part.".

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

Y Balfour N Blitch N Bowen

N Harbison N Hecht N Hill

Y Price,R Y Price,T N Ragan

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N Broun N Brown 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 Hooks N Huggins N Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 20, nays 34, and the Land amendment (#2) was lost.

Senator Land of the 16th offered the following amendment (#3):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by adding between lines 25 and 26 of page 150 the following:

"(a.1)(1) If an elementary school is determined by the State Board of Education to be a low-performing school for three consecutive years, then the State Board of Education shall mandate that the parents have the option to relocate the student to other public schools in the local school system, to be chosen by the parents of the student, during the 2000-2001 through 2006-2007 school years and through the completion of elementary school, with transportation costs borne by the system.

(2) As used in this subsection, the term 'low-performing school' means a school that meets all of the following criteria:

(A) Less than 50 percent of third grade students and less than 50 percent of fifth grade students enrolled in the school scored above the national median on the reading portion of the Iowa Test of Basic Skills;

(B) Less than 50 percent of third grade students and less than 50 percent of fifth grade students enrolled in the school scored above the national median on the mathematics portion of the Iowa Test of Basic Skills; and

(C) The school scored above the state median on the percentage of students who do not attend school for ten or more days in a school year.

(3) The State Board of Education shall annually review all public elementary schools to determine whether a school is a low-performing school. The state board shall use data compiled by the Council for School Performance established by Ga. L. 1993, page 1438, where such data is available, in making such determinations.".

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

Y Balfour N Blitch N Bowen N Broun N Brown Y Brush
Burton N Butler

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James Y Johnson,E

Y Price,R Y Price,T N Ragan Y Ray N Scott N Smith N Starr Y Stephens

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667

Y Cable Y Cagle N Cheeks Y Crotts
Dean Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 18, nays 34, and the Land amendment (#3) was lost.

Senator Land of the 16th offered the following amendment (#4):
Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking line 8 of page 6 and inserting in lieu thereof the following:
"performance, including the provision of scholarships to allow low-income students in grades kindergarten through nine who are eligible for enrollment in such schools to attend an accredited private school or an adequate local school; to provide for the amount of such scholarships; to provide for the administration of the scholarship program by the State Board of Education; to establish certain requirements for private schools that participate in the scholarship program; to authorize local boards of education to use local education funds to supplement the scholarships provided for in this Act; to provide for the duties of the Office of".
By striking line 40 of page 149 through line 25 of page 150 and inserting in lieu thereof the following:
"(6) If a school has received a grade of D or F on the established absolute student achievement standard, as provided for in paragraph (1) of subsection (d) of Code Section 20-14-33, for three consecutive years or more, then:
(A) The State Board of Education shall mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; and
(B) Any low-income student who is otherwise eligible and qualified to attend such a school shall, in lieu of attending such a school, be eligible to receive a scholarship to be expended for the purpose of paying or otherwise defraying the cost of tuition at an accredited private school or an adequate local school, as provided in Part 3A of this article.".
By adding after line 41 of page 150 the following:
"Part 3A
20-14-42.
Mindful of the primary obligation of the state to provide an adequate public education for its citizens under Article VIII, Section I, Paragraph I of the Constitution of Georgia, and the authority vested in the General Assembly under Article VIII, Section VII of the Constitution of Georgia to authorize the expenditure of public funds to provide grants, scholarships, loans, or other assistance to students and to parents of students for educational purposes, it is the intent of the General Assembly to provide a means whereby:
(1) The state can fulfill a primary obligation under the Constitution of Georgia to provide public funds for the adequate education of its citizens through the provision of scholarships to low-income students who are compelled by state law and inadequate financial resources to attend poorly performing local schools; and

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(2) Low-income students can enjoy greater opportunities for access to learning through the removal of financial barriers that prevent them from exercising the liberty of choice as to their manner of life to which they are entitled under Article I, Section I, Paragraph I of the Constitution of Georgia.
20-14-43.
As used in this part, the term:
(1) 'Accredited' means holding a valid accreditation from any of the entities described in subparagraph (A) of paragraph (6) of Code Section 20-3-519.
(2) 'Adequate local school' means a local school, other than an applicable local school, which is not part of the local school system in which an eligible low-income student resides.
(3) 'Applicable local school' means a local elementary or middle school which, in the three consecutive years immediately preceding the school year for which a scholarship is granted pursuant to this part to a low-income student attending such local elementary or middle school, earned a grade of D or F on the established absolute student achievement standard, as provided for in paragraph (1) of subsection (d) of Code Section 20-14-33.
(4) 'Local board' means a county or independent board of education exercising control and management of a local school system pursuant to Article VIII, Section V, Paragraph II of the Constitution of Georgia.
(5) 'Local school' means a public school in Georgia that is under the management and control of a local board.
(6) 'Local school system' means the system of public schools established and maintained by a local board within its limits pursuant to Article VIII, Section V, Paragraph I of the Constitution of Georgia.
(7) 'Low-income student' means any student in grades kindergarten through nine, who is a member of a family with a gross household income equal to or less than 200 percent of the federal poverty level.
(8) 'Parents' means the natural or adoptive parent or parents, legal guardian, or other person or persons standing in loco parentis to or having legal custody of a child eligible and entitled to receive an education scholarship under this part, who is actually paying or will pay the tuition cost of attendance of such child at an accredited private school or an adequate local school and who may redeem a scholarship awarded pursuant to this part.
(9) 'Private school' shall have the same meaning as set forth in subsection (b) of Code Section 20-2-690.
(10) 'State board' means the State Board of Education.
(11) 'Tuition' means the actual tuition charged to a parent by a private school, or by an adequate local school pursuant to Code Section 20-2-133, and the additional cost to such parent of required uniforms, books, and home-toschool transportation.
20-14-44.
Every low-income student who is otherwise eligible and qualified to attend an applicable local school shall, in lieu of attending such local school, be eligible to receive a scholarship to be expended for the purpose of paying or otherwise defraying the cost of tuition at an accredited private school or an adequate local school at which the lowincome student is enrolled.
20-14-45.
(a) The amount of a scholarship awarded pursuant to this part to a particular eligible low-income student shall be equal to the lesser of the following:

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(1) The amount of tuition applicable to the accredited private school or adequate local school where the student is enrolled; or
(2) Ninety percent of the state per pupil expenditure for the local school system in which the applicable school is located. The state per pupil expenditure shall be calculated as the amount allotted to the local school system pursuant to Code Section 20-2-166 divided by the full-time equivalent program count of the local school system, as determined pursuant to subsection (d) of Code Section 20-2-160.
(b) The state board shall annually provide a scholarship to every eligible low-income student.
(c) If an eligible low-income student transfers into a participating private school or adequate local school after the beginning of the year, the amount of the scholarship may be prorated.
(d) A scholarship may be redeemed by the student's parent at any participating accredited private school or adequate local school.
(e) After the parent designates the participating private school or adequate local school in which the eligible lowincome student is enrolled, the state board shall disburse the student's scholarship funds in equal monthly amounts to the parent's account with the school. Monthly disbursement shall occur within 30 days of receipt of the school's statement of current enrollment. The parent's signature must be obtained at the school at the time of each payment.
(f) A low-income student receiving a scholarship pursuant to this part shall remain eligible to receive such scholarship for a period of time equal to the length of time the student would have been enrolled in the applicable local school had the student completed all of the grades available at the applicable local school.
(g) A scholarship provided under this part is a grant of aid to a student through the student's parents and not to the accredited private school or adequate local school in which the student is enrolled and is not taxable income. Regardless of the means used by the state for the distribution of scholarship aid under this part, for purposes of this part, all scholarship aid that ultimately flows to a participating school shall be deemed to do so only as a result of the genuinely independent and private choices of the scholarship recipients.
(h) A parent is free to choose any participating accredited private school or adequate local school and that selection does not constitute a decision or act of the state or any of its subdivisions.
20-14-46.
(a) An accredited private school qualifies to participate in the program established pursuant to this part and has a right to participate in the program if the school:
(1) Complies with all the requirements imposed by the general statutory law of this state upon private schools;
(2) Does not discriminate on the basis of race, ethnicity, color, or national origin;
(3) Does not advocate the violation of persons or the property of persons or any other unlawful behavior; and
(4) Does not deliberately provide false or misleading information respecting the school.
(b) An accredited private school or adequate local school becomes a participating school by redeeming a scholarship; provided, however, that an adequate local school may not redeem scholarships without authorization from its local board.
(c) A participating school shall not be obligated to provide transportation to students participating in the program.
(d) Nothing in this part shall be construed to compel a private school or adequate local school to become a participating school.

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(e) Once a school becomes a participating school, it shall continue to participate until the completion of the school year.

(f) Nothing in this part shall be construed to compel a participating school to continue to participate in subsequent school years.

(g) A participating private school shall not be subject to any regulations or rules beyond those which apply to all private schools operating in this state; provided, however, that the state board may implement such minimal procedures as may be necessary to administer the scholarship program in accordance with this part. Participating private schools, regardless of size, shall be accorded maximum flexibility to educate their students and shall be free from any and all regulation by a local board or the state board beyond that which may be lawfully imposed for the protection of the safety and welfare of citizens under the Constitution of Georgia and the United States Constitution.

20-14-47.

Students receiving education scholarships under this part shall not be included in the full-time equivalent program count conducted under Code Section 20-2-160 for any local school system of this state for the purpose of allotment and distribution of state funds under Article 6 of Chapter 2 of this title.

20-14-48.

A local board may, at its election and pursuant to its right under Article VIII, Section VI, Paragraph I of the Constitution of Georgia to expend school tax funds for the support and maintenance of public education and the General Assembly's power under Article VIII, Section VII of the Constitution of Georgia to authorize the expenditure of public funds to provide scholarships, utilize local education funds to supplement the amount of the scholarships paid under this part. Any such supplemental funds shall be expended in an amount and under such procedures as may be prescribed by the local board.

20-14-49.

The state board shall adopt such rules and guidelines as are necessary for the distribution of the scholarships provided pursuant to this part.".

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

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

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

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

On the adoption of the amendment, the yeas were 20, nays 33, and the Land amendment (#4) was lost.

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671

Senator Cagle of the 49th offered the following amendment (#5):
Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by adding on line 8 of page 4 after the word and symbol "tests;" the following:
"to provide for an accelerated reading program for students in grades kindergarten through two who are determined to be at risk for dyslexia or other reading difficulties; to prohibit the promotion of students in grades three, five, and eight who do not perform satisfactorily on certain criterion-referenced competency tests; to require that accelerated instruction be provided to such students; to provide for grade placement committees and for their powers and duties;".
By adding between lines 29 and 30 of page 95 the following:
"SECTION 46A.
Said chapter is further amended in Part 12 of Article 6, relating to the effectiveness of educational programs under the 'Quality Basic Education Act,' by adding new Code Sections 20-2-281.1 and 20-2-281.2 to read as follows:
'20-2-281.1.
(a) A local school system shall notify the parent or guardian of each student in kindergarten who is determined, on the basis of results of the first grade readiness instrument administered under paragraph (2) of subsection (b) of Code Section 20-2-151, to be at risk for dyslexia or other reading difficulties. A local school system shall notify the parent or guardian of each student in first or second grade who is determined, on the basis of results of criterionreferenced competency tests in reading administered under Code Section 20-2-281, to be at risk for dyslexia or other reading difficulties. The local school system shall implement an accelerated reading instruction program that provides reading instruction that addresses reading deficiencies in those students and shall determine the form, content, and timing of that program. The Individualized Education Program team of a student who receives special education services pursuant to Code Section 20-2-152 and who does not perform satisfactorily on the first grade readiness instrument or the criterion-referenced competency tests under this Code section shall determine the manner in which the student will participate in an accelerated reading instruction program under this subsection.
(b) The local school system shall report in writing to a student's parent or guardian the student's results on the first grade readiness instrument or the criterion-referenced competency tests in reading. The local school system shall make a good faith effort to ensure that the notice required under this Code section is provided either in person or by regular mail and that the notice is clear and easy to understand and is written in English and in the parent or guardian's native language.
(c) The provisions of this Code section relating to parental notification of a student's results on the readiness instrument or competency test and implementation of an accelerated reading instruction program may be implemented only if the State Board of Education certifies that funds have been appropriated during a school year for administering the accelerated reading instruction program specified under this Code section.
(d) Each local school system shall provide the accelerated reading instruction described in subsection (a) of this Code section to students in:
(1) Kindergarten beginning with the 2002-2003 school year;
(2) Kindergarten and first grade beginning with the 2004-2005 school year; and
(3) Kindergarten and first and second grades beginning with the 2007-2008 school year.
20-2-281.2.
(a) Except as provided by subsection (b) or (e) of this Code section, a student may not be promoted to:

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(1) The fourth grade if the student does not perform satisfactorily on the third grade criterion-referenced competency test in reading administered under Code Section 20-2-281;
(2) The sixth grade if the student does not perform satisfactorily on the fifth grade criterion-referenced competency tests in mathematics and reading administered under Code Section 20-2-281; or
(3) The ninth grade if the student does not perform satisfactorily on the eighth grade criterion-referenced competency tests in mathematics and reading administered under Code Section 20-2-281.
(b) A local school system shall provide to a student who initially fails to perform satisfactorily on a criterionreferenced competency test specified under subsection (a) of this Code section at least two additional opportunities to take the test. A local school system may administer a different assessment instrument to a student who has failed a criterion-referenced competency test specified under subsection (a) of this Code section on the previous two opportunities. Notwithstanding any other provision of this Code section, a student may be promoted if the student performs at grade level on a different assessment instrument under this subsection that is appropriate for the student's grade level and approved by the State Board of Education.
(c) Each time a student fails to perform satisfactorily on a criterion-referenced competency test specified under subsection (a) of this Code section, the local school system in which the student attends school shall provide to the student accelerated instruction in the applicable subject area, including reading instruction for a student who fails to perform satisfactorily on a reading test. After a student fails to perform satisfactorily on a criterion-referenced competency test a second time, a grade placement committee shall be established to prescribe the accelerated instruction the local school system shall provide to the student before the student is administered the test the third time. The grade placement committee shall be composed of the principal or the principal's designee, the student's parent or guardian, and the teacher of the subject of a test on which the student failed to perform satisfactorily. The local school system shall notify the parent or guardian of the time and place for convening the grade placement committee and the purpose of the committee. An accelerated instruction group administered by a local school system under this Code section may not have a ratio of more than ten students for each teacher.
(d) In addition to providing accelerated instruction to a student under subsection (c) of this Code section, the local school system shall notify the student's parent or guardian of:
(1) The student's failure to perform satisfactorily on the criterion-referenced competency test;
(2) The accelerated instruction program to which the student is assigned; and
(3) The possibility that the student might be retained at the same grade level for the next school year.
(e) A student who, after at least three attempts, fails to perform satisfactorily on a criterion-referenced competency test specified under subsection (a) of this Code section shall be retained at the same grade level for the next school year in accordance with subsection (a) of this Code section. The student's parent or guardian may appeal the student's retention by submitting a request to the grade placement committee established under subsection (c) of this Code section. The local school system shall give the parent or guardian written notice of the opportunity to appeal. The grade placement committee may decide in favor of a student's promotion only if the committee concludes, using standards adopted by the local board of education, that if promoted and given accelerated instruction, the student is likely to perform at grade level. A student may not be promoted on the basis of the grade placement committee's decision unless that decision is unanimous. The State Board of Education by rule shall establish a timeline for making the placement determination. This subsection does not create a property interest in promotion. The decision of the grade placement committee is final and may not be appealed.
(f) A local school system shall provide to a student who, after three attempts, has failed to perform satisfactorily on a criterion-referenced competency test specified under subsection (a) of this Code section accelerated instruction during the next school year as prescribed by an educational plan developed for the student by the student's grade placement committee established under subsection (c) of this Code section. The local school system shall provide that accelerated instruction regardless of whether the student has been promoted or retained. The educational plan

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must be designed to enable the student to perform at the appropriate grade level by the conclusion of the school year. During the school year, the student shall be monitored to ensure that the student is progressing in accordance with the plan. The local school system shall administer to the student the criterion-referenced competency test for the grade level in which the student is placed at the time the local school system regularly administers the criterionreferenced competency tests for that school year.
(g) This Code section does not preclude the retention at a grade level, in accordance with state law or local board of education policy, of a student who performs satisfactorily on a criterion-referenced competency test specified under subsection (a) of this Code section.
(h) In each instance under this Code section in which a local school system is specifically required to provide notice to a parent or guardian of a student, the local school system shall make a good faith effort to ensure that such notice is provided either in person or by regular mail and that the notice is clear and easy to understand and is written in English and the parent or guardian's native language.
(i) The Individualized Education Program team of a student who receives special education services pursuant to Code Section 20-2-152 and who does not perform satisfactorily on an assessment instrument specified under subsection (a) of this Code section and administered under subsection (a) or (d) of Code Section 20-2-281 shall determine:
(1) The manner in which the student will participate in an accelerated instruction program under this Code section; and
(2) Whether the student will be promoted or retained under this Code section.
(j) A local school system shall provide students required to attend accelerated instruction programs under this Code section with transportation to those programs if the programs occur outside of regular school hours.
(k) The State Board of Education shall adopt rules as necessary to implement this Code section, including rules concerning when local school systems shall administer criterion-referenced competency tests required under this Code section.
(l) The State Board of Education shall issue a report to the General Assembly not later than December 1, 2005, that reviews the enrollment of students in accelerated instruction programs and the quality and availability of accelerated instruction programs, including accelerated instruction related teacher professional development programs.
(m) The State Board of Education shall certify, not later than July 1 of each school year or as soon as practicable thereafter, whether sufficient funds have been appropriated state wide for the purposes of this Code section. A determination by the State Board of Education is final and may not be appealed. For purposes of certification, the State Board of Education may not consider Quality Basic Education Program funds. This Code section may be implemented only if the State Board of Education certifies that sufficient funds have been appropriated during a school year for administering the accelerated instruction programs specified under this Code section.
(n) This Code section applies to the criterion-referenced competency tests administered to students in:
(1) The third grade beginning with the 2002-2003 school year;
(2) The fifth grade beginning with the 2004-2005 school year; and
(3) The eighth grade beginning with the 2007-2008 school year.
(o) Satisfactory performance on the criterion-referenced competency tests described in this Code section shall be as established by the Office of Education Accountability pursuant to Code Section 20-14-31.
(p) In order to be eligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260, a local school system shall comply with the requirements of this Code section.'".

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

Y Balfour N Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts
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 Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land
Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 20, nays 33, and the Cagle amendment (#5) was lost.

Senator Crotts of the 17th offered the following amendment (#6):

Amend the committee substitute to HB 1187 by adding immediately preceding semicolon on line 30 of page 4 the following:

"and are eligible to enroll in public school".

By adding between lines 35 and 36 of page 22 the following:

"SECTION 9.1.

Said chapter is further amended by striking subsection (a) of Code Section 20-2-150, relating to eligibility for school enrollment, and inserting in its place the following:

'(a) Except as otherwise provided by subsection (b) of this Code section, all children and youth who have attained the age of five years by September 1 and each child who will attain the age of five years between September 1 and December 31 and who demonstrates acceptable performance on a kindergarten readiness assessment which meets the technical standards of validity and reliability shall be eligible for enrollment in the appropriate general education programs authorized in this part unless they attain the age of 20 by September 1 or they have received high school diplomas or the equivalent. This shall specifically include students who have reenrolled after dropping out and who are married, parents, or pregnant. Special education students shall also be eligible for enrollment in appropriate education programs through age 21 or until they receive high school or special education diplomas or the equivalent; provided, however, they were enrolled during the preceding school year and had an approved Individualized Education Program (IEP) which indicated that a successive year of enrollment was needed. Other students who have not yet attained age 21 by September 1 or received high school diplomas or the equivalent shall be eligible for enrollment in appropriate education programs, provided they have not dropped out of school for one quarter or more. Each local unit of administration shall have the authority to assign students who are married, parents, or pregnant or who have reenrolled after dropping out one quarter or more to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program or, at the option of the student, in an alternative program beyond the regular daytime program; provided, further, that such programs of

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instruction are designed to enable such students to earn course credit toward receiving high school diplomas. These programs may include instruction in prenatal care and child care. Each local unit of administration shall have the authority to provide alternative programs beyond the regular daytime educational program. Unless otherwise provided by law, the State Board of Education shall have the authority to determine the eligibility of students for enrollment. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual.'
SECTION 9.2.
Said chapter is further amended by striking paragraphs (1) and (2) of subsection (b) of Code Section 20-2-151, relating to general and career education programs, and inserting in its place the following:
'(1)(A) All local school systems shall offer a full-day kindergarten program. For purposes of this subsection, the term "full-day basis" means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year; and
(B) It is the policy of this state that the purposes of the kindergarten program shall be to provide all children with an equal opportunity to become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students' educational careers. To be eligible for enrollment in a state supported kindergarten program, a child must attain the age of five by September 1 or attain the age of five between September 1 and December 31 and demonstrate acceptable performance on a kindergarten readiness assessment which meets the technical standards of validity and reliability, except as otherwise provided by subsection (b) of Code Section 20-2-150.
(2) It is the policy of this state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowledge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must attain the age of six by September 1 or attain the age of six between September 1 and December 31 and demonstrate acceptable performance on a first grade readiness assessment which meets the technical standards of validity and reliability, except as otherwise provided by subsection (b) of Code Section 20-2150. The State Board of Education shall adopt an instrument or instruments, procedures, and policies necessary to assess the first grade readiness of children enrolled in Georgia's public school kindergarten programs pursuant to Code Section 20-2-281. Readiness information obtained by the instrument or instruments adopted by the state board shall be used by local school systems in concert with teacher recommendations and other relevant information to make appropriate student grade placement decisions. The Department of Education shall develop guidelines for utilization of the instrument or instruments in grade placement decisions and shall provide such guidelines to local school systems. The guidelines shall include information pertinent to consideration of the placement of students who have been identified as being disabled or limited-English-proficient. Whenever the decision is made not to promote a child to the first grade, the local school system shall document the reasons for the decision not to promote, according to guidelines established by the board. The State School Superintendent shall annually provide a report summarizing the results of the readiness of first grade Georgia public school kindergarten children. No student shall remain in kindergarten for more than two years.'"
By striking line 38 of page 116 and inserting in its place the following:
"children between their seventh fifth birthdays, which five-year old child or children are eligible to enroll in a public school, and sixteenth".
Senator Crotts of the 17th asked unanimous consent that the amendment be withdrawn. The consent was granted, and the amendment (#6) was withdrawn.
Senators Ray of the 48th and Balfour of the 9th offered the following amendment (#7):
Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking the word "fifth" on line 38 of page 116 and inserting in lieu thereof the word "sixth".

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

Balfour Y Blitch N Bowen N Broun N Brown 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 Y Hecht N Hill N Hooks N Huggins
Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Y Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 22, nays 30, and the Ray, Balfour amendment (#7) was lost.

At 12:29 p.m. the President announced that the Senate would stand in recess until 1:30 p.m.

At 1:30 p.m. the President called the Senate to order.

The Calendar was resumed.

HB 1187 was continued upon its passage.

Senator Stephens of the 51st offered the following amendment (#8):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by adding after the word and symbol "thereof;" on line 17 of page 4 the following:

"to provide for the transfer of students enrolled in dangerous schools to other schools within the school district in which they reside;".

By adding after the word and symbol "institutions;" on line 29 of page 4 the following:

"to provide for the adoption of local board of education policies regarding the blocking of students' access to material on the Internet which is reasonably believed to be obscene or child pornography or harmful to minors;".

By adding after the word and symbol "suspension;" on line 32 of page 4 the following:

"to provide for the adoption of local board of education policies regarding unruly behavior of students on school buses;".

By adding between lines 18 and 19 of page 108 the following:

"SECTION 51A.

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677

Said chapter is further amended in Part 13 of Article 6, relating to the organization of schools and systems under the 'Quality Basic Education Act,' by adding at the end thereof a new Code Section 20-2-295 to read as follows:
'20-2-295.
(a) Local boards of education shall allow the parent of a student enrolled in a dangerous school to relocate the student to another public school in the local system to be chosen by the parent of the student, with transportation costs borne by the system. The State Board of Education shall by rule define the characteristics of a dangerous school. Local boards of education shall for provide for all other aspects of implementing the requirements of this subsection in their respective school systems.
(b) Any school system which fails to comply with requirements of subsection (a) of this Code section shall be ineligible to receive state funding under this article.'".
By adding between lines 30 and 31 of page 116 the following:
"SECTION 54A.
Said chapter is further amended by adding a new article, to be designated as Article 11A, to read as follows:
'ARTICLE 11A
20-2-590.
This article shall be known and may be cited as the "Child Internet Protection Act."
20-2-591.
The General Assembly finds and declares as follows:
(1) The state desires to protect children from exposure to obscenity, child pornography, and material harmful to minors;
(2) The state desires to prevent any user from accessing obscene material and child pornography within a public school setting;
(3) There is a need to balance computer access to the Internet against the compelling need and duty to protect children from contact with sexual predators and access to obscene material, child pornography, and material harmful to minors;
(4) Pornography in a school setting can create a hostile environment constituting sexual harassment. This state desires to take reasonable steps to prevent a hostile or dangerous environment in public schools, prevent the sexual harassment of students and other persons, deter public sexual acts, and deter or prevent increased crime;
(5) The general welfare, health, morals, and safety of the citizens of this state will be promoted by the enactment of this article; and
(6) The purpose of this article is to protect minors from exposure to obscenity, child pornography, and materials that are harmful to minors and to prevent, eliminate, and control the adverse secondary effects created by unrestricted access to the Internet.
20-2-592.
As used in this article, the term:

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(1) "Acceptable-use policy" means a policy for Internet usage which is acceptable to and adopted by a local board of education.
(2) "Child pornography" means any depiction, actual or simulated, visual or verbal, of a child under the age of 18 years engaging in sexual intercourse, masturbation, sadism, masochism, bestiality, fellatio, cunnilingus, lewd exhibition of the genitals, or nudity, if such nudity is depicted for the purpose of sexual stimulation.
(3) "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, that is (A) patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (B) taken as a whole, lacks serious literary, artistic, political, educational, or scientific value for minors.
(4) "Minor" means anyone under the age of 18 years.
(5) "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering or the depiction of covered male genitals in a discernibly turgid state.
(6) "Obscene" means any material or performance (A) in which the average person, applying contemporary community standards, would find the subject matter, taken as a whole, appeals predominantly to the prurient interest; (B) in which the subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in this Code section; and (C) in which the subject matter, taken as a whole, lacks serious literary, artistic, political, educational, or scientific value.
(7) "Sexual conduct" means acts of masturbation, homosexuality, sodomy, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is a female, breast.
(8) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation.
20-2-593.
(a) The board of education of a local school system which receives funds under Article 6 of this chapter shall establish an acceptable-use policy that blocks students' access to material that is reasonably believed to be obscene or child pornography or harmful to minors. The local board of education shall also establish appropriate measures to be taken against persons who willfully violate the policy.
(b) The local board of education shall take such steps as it deems appropriate to implement and enforce its acceptable-use policy. These steps shall include, but not be limited to, the following:
(1) The use of software programs designed to block access to material that is reasonably believed to be obscene or child pornography or harmful to minors; or
(2) The selection of on-line servers that block access to material reasonably believed to be obscene or child pornography or harmful to minors.
(c) Each local board of education shall establish an expedited procedure for the review and resolution, by personnel designated for this purpose, of any claim that a software program or other policy of the local board is denying a user access to material that is not within the prohibition of the acceptable-use policy adopted under this article for that user. Included in this procedure shall be a provision requiring the user to be notified of the decision in writing with two business days of the request for review. This subsection shall not apply to the selection of an on-line server by the local board.
(d) A person aggrieved by an adverse decision of a local board regarding access to Internet material or by failure of a local board to make a decision within two business days after making a request for Internet access may file an appeal with the superior court. The court shall hold a de novo hearing within three business days after the appeal is filed and shall issue a final decree within 24 hours after the close of the hearing.

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20-2-594.

The Attorney General and the Department of Education shall consult with and assist any local system that requests such assistance in the development and implementation of an acceptable-use Internet access policy under this article.

20-2-595.

(a) No later than September 1, 2000, each superintendent of a local school system to which this article applies shall file with the Department of Education a copy of the local school system's acceptable-use policy which has been adopted under this article. Each revision to the acceptable-use policy shall be transmitted to the Department of Education.

(b) No later than December 1, 2000, and in December of each subsequent year, the Department of Education shall submit a report to the chairpersons of the Education Committees of the Senate and the House of Representatives which summarizes the acceptable-use policies and any revisions thereof filed with the department under this article.

20-2-596.

The Department of Education shall review each acceptable-use policy filed under this article and each revision and shall disapprove any policy or revision that is not reasonably designed to achieve the purposes of this article.'".

By adding between lines 23 and 24 of page 118 the following:

"SECTION 57A.

Said chapter is further amended in Subpart 1A of Part 2 of Article 16, relating to an improved student learning environment and discipline, by adding a new Code Section 20-2-735.1 to read as follows:

'20-2-735.1.

Each local board of education shall adopt policies that prohibit unruly behavior on school buses and shall require such prohibition to be included in student codes of conduct. Local board policies shall require that, upon finding that a student has engaged in unruly behavior for the second time in a school year, such student shall be suspended from riding the bus for the remainder of that school year.'".

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

Y Balfour N Blitch N Bowen N Broun N Brown 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 Y Hecht N Hill N Hooks N Huggins N Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 21, nays 34, and the Stephens amendment (#8) was lost.

Senator Brush of the 24th offered the following amendment (#9):

Amend the committee substitute to HB 1187 by striking lines 31 through 40 on page 84.

By redesignating subsections (b), (c), (d), and (e) on pages 83 and 84 as subsections (a), (b), (c), and (d), respectively.

By striking lines 7 through 28 on page 86 and inserting in lieu thereof the following:

"20-2-272.

(a) Each regional educational service agency shall be governed by a board of control. The number of members and terms of office shall be prescribed by the State Board of Education; provided, however, that on and after July 1, 1996 2000, the school superintendent of each member school system or his or her designee , the president or highest administrator of each member postsecondary institution, and a local public or regional library representative appointed by the director of the Office of Public Library Services of the Department of Technical and Adult Education shall each serve as a member of the board of control. At least one-third of the membership of each board of control shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of control shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member local school systems. The state board shall also prescribe an equal number of local board members from each member local school system to participate in said caucus."

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

Y Balfour N Blitch N Bowen N Broun N Brown 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 Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 20, nays 35, and the Brush amendment (#9) was lost.

Senator Brush of the 24th offered the following amendment (#10):

Amend the committee substitute HB 1187 (LC 27 1143-ECS) by striking the phrase "Office of Education Accountability" and inserting in lieu thereof the phrase "State Board of Education" wherever it appears on lines 43 and 44 of page 3; line 7 of page 13; and line 13 of page 18.

Thursday, February 24, 2000

681

By striking lines 27 and 28 of page 5 and inserting in lieu thereof the following: "duties of an Education Coordinating Council; to make certain findings with". By striking lines 33 through 42 of page 5 and inserting in lieu thereof the following: "Education Coordinating Council; to provide for reports to be made by the Education Coordinating Council; to direct the State Board of Education to create and implement an accountability assessment program for students in grades kindergarten though 12; to provide for". By striking line 45 of page 5 through line 1 of page 6 and inserting in lieu thereof the following: "and the preparation of school report cards by the State Board of Education; to provide for audits of schools by the State Board of Education; to provide for financial and other awards to". By striking line 5 of page 6 and inserting in lieu thereof the following: "provide for the". By striking lines 8 through 20 of page 6 and inserting in lieu thereof the following: "performance; to". By striking lines 26 and 27 of page 24 and inserting in lieu thereof the following: "State Board of". By striking the phrase "Office of Education Accountability" and inserting in lieu thereof the phrase "State Board of Education" on line 29 of page 24. By striking lines 13 and 14 of page 50 and inserting in lieu thereof the following: "information and times necessary to the". By striking lines 9 and 10 of page 95 and inserting in lieu thereof the following: "Board of Education and local school system. The information". By striking lines 31 and 32 of page 108 and inserting in lieu thereof the following: "Planning and Budget, the Department of Audits and Accounts , the". By striking line 23 of page 110 and inserting in lieu thereof the following: "the Education". By adding the word "and" at the end of line 24 of page 132 and by striking lines 26 through 29 of page 132 and inserting in lieu thereof the following: "the education system of Georgia.". By striking lines 14 and 15 of page 134 and inserting in lieu thereof the following: "council and the Office of Planning and Budget shall select and appoint such". By striking lines 14 through 17 of page 135 and inserting in lieu thereof the following:

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"in this article:". By striking line 32 of page 135 through line 3 of page 136 and renumbering paragraphs (9) through (15) on page 136 as paragraphs (6) through (12). By striking lines 31 and 32 of page 136 and inserting in lieu thereof the following:
"Professional Standards Commission and the Office of School Readiness in".
By striking lines 1 through 6 of page 138 and inserting in lieu thereof the following: "(3) 'Early intervention program' means the program established under Code Section 20-2-153.
(4) 'State board' means the State Board of Education.".
By striking line 8 of page 138 through line 32 of page 139. By striking line 33 of page 139 through line 6 of page 140 and inserting in lieu thereof the following:
"20-14-25.
(a) The state board shall complete an annual report regarding elementary and secondary education no later than December 1 of".
By striking line 10 of page 140 and inserting in lieu thereof the following: "and defined by the state board".
By striking the word and symbol "system;" on line 15 of page 140 and inserting in lieu thereof the word and symbol "system.".
By striking lines 16 through 43 of page 140.
By striking lines 7 through 11 of page 141 and inserting in lieu thereof the following: "Education Committees of the Senate and House of Representatives, members of the General Assembly, and members of the state education governing boards or commissions. In addition, such reports shall be posted on the website of the state board.".
By striking lines 14 and 15 of page 141 and inserting in lieu thereof the following: "The state board shall create and implement a state-wide grades kindergarten through".
By striking the word "office" and inserting in lieu thereof the phrase "state board" wherever it appears on lines 21, 37, and 39 of page 141; line 39 of page 142; lines 4, 15, 26, and 39 of page 143; lines 6, 22, and 27 of page 144; lines 14 and 31 of page 145; lines 12 and 35 of page 146; line 9 of page 147; and lines 13 and 37 of page 148. By striking line 31 of page 141 and inserting in lieu thereof the following:
"The state board's accountability analysis and".
By striking lines 33 through 35 of page 142 and inserting in lieu thereof the following: "(12) Any other indicator adopted by the state board."

Thursday, February 24, 2000

683

By striking lines 40 and 41 of page 143 and inserting in lieu thereof the following:

"(g) The state board shall adopt a uniform".

By striking lines 13 and 14 of page 144 and inserting in lieu thereof the following:

"(h) The state board shall adopt a uniform".

By striking the phrase "State Board of Education" and inserting in lieu thereof the phrase "state board" wherever it appears on line 21 of page 145; lines 4, 7, and 12 of page 148; lines 41 and 42 of page 149; and lines 10, 11, and 34 of page 150.

By striking lines 1 and 2 of page 146 and inserting in lieu thereof the following:

"(b) The state board shall determine the frequency of on-site audits according to annual comprehensive".

By striking lines 21 and 22 of page 146 and inserting in lieu thereof the following:

"intervention strategies.".

By striking the word "director" and inserting in lieu thereof the phrase "state board" wherever it appears on line 23 of page 146; line 13 of page 147; and lines 29 and 37 of page 149.

By striking line 33 of page 146 and inserting in lieu thereof the following:

"The state board shall adopt".

By striking the word "Office" and inserting in lieu thereof the phrase "Department of Education" on line 37 of page 146.

By striking lines 16 and 17 of page 148 and inserting in lieu thereof the following:

"and reports received by the Department of Education and the state board under this".

By striking line 24 of page 148 and inserting in lieu thereof the following:

"determined by the state board, the Department of Education, in the audit report".

By striking lines 36 through 41 of page 150 and inserting in lieu thereof the following:

"(d) By June 30 of each year, the state board shall review the status of the interventions imposed on low-performing schools and consider ending, extending, or upgrading the interventions on those schools.".

By striking line 3 of page 151 through line 31 of page 152.

By striking the word "office" on line 35 of page 152 and inserting in lieu thereof the words "Department of Education".

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

Y Balfour N Blitch N Bowen N Broun N Brown Y Brush

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson

Y Price,R Y Price,T N Ragan Y Ray N Scott N Smith

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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 James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 20, nays 35, and the Brush amendment (#10) was lost.

Senator Egan of the 40th offered the following amendment (#11): Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking line 20 of page 4 and by striking the comma on line 21 of page 4. By striking lines 10 through 12 of page 6 and inserting in lieu thereof the following: "Council, and the State Board of Technical and Adult Education with respect to a postsecondary technical education accountability". By striking lines 34 and 35 of page 108 and inserting in lieu thereof the following: "Technology Authority, the Office of School". By striking lines 2 and 3 of page 109 and inserting in lieu thereof the following: "administration, public libraries, pre-kindergarten programs, the Professional". By striking lines 36 through 40 of page 109 and inserting in lieu thereof the following: "vocational-technical schools of the state. The Office of School Readiness shall". By striking lines 8 and 9 of page 110 and inserting in lieu thereof the following: "of Education, the Office of School Readiness, the". By striking lines 35 and 36 of page 110 and inserting in lieu thereof the following: "Department of Education or , the Office of School". By striking lines 9 and 10 of page 111 and inserting in lieu thereof the following: "agencies. The Department of Education, the Office of". By striking line 17 of page 111. By striking lines 39 and 40 of page 111 and inserting in lieu thereof the following: "followed by the State Board of Education, the Office of".

Thursday, February 24, 2000

685

By striking lines 8 and 9 of page 112 and inserting in lieu thereof the following: "board State Board of Education, the State Board of". By striking line 17 of page 112 and inserting in lieu thereof the following: "Education, the Office of'. By adding the word "technical" after the word "postsecondary" wherever it appears on line 28 of page 132; line 14 of page 139; and lines 16 and 25 of page 140. By striking line 36 of page 135 and inserting in lieu thereof the following: "represented on the council, excluding the University System of Georgia, and develop overlay". By striking the word "and" on line 27 of page 136. By striking line 29 of page 136 and inserting in lieu thereof the following: "Education, the". By striking lines 33 and 34 of page 136 and inserting in lieu thereof the following: "matters regarding accountability; and (16) To mediate disputes among the Department of Education, the University System of Georgia, the Department of Technical and Adult Education, the Professional Standards Commission, the Office of School Readiness, and the Office of Education Accountability in matters regarding education system seamlessness.". By striking lines 38 and 39 of page 137 and redesignating paragraphs (2) through (5) on pages 137 and 138 as paragraphs (1) through (4), respectively. By striking line 3 of page 139 and inserting in lieu thereof the following: "council, excluding the University System of Georgia, such additions, deletions, changes, or other". By striking lines 5 through 7 of page 139 and inserting in lieu thereof the following: "that exist or may be created within or among such departments, boards, and offices;" By striking line 16 of page 139 and inserting in lieu thereof the following: "systems, institutes, regional". By striking line 25 of page 139 and inserting in lieu thereof the following: "(b) The member agencies of the council, excluding the Board of Regents of the University System of Georgia, and other". By striking lines 22 and 23 of page 140 and inserting in lieu thereof the following: "colleges, institutes, and schools under the governance of". By striking line 27 of page 140 and inserting in lieu thereof the following:

686

JOURNAL OF THE SENATE

"such college, institute, and school; and".

By adding the words "technical education" after the word "postsecondary" on line 4 of page 151.

By striking line 10 of page 151 and inserting in lieu thereof the following:

"Department of".

By striking lines 12 through 16 of page 151 and redesignating subsections (d) and (e) on lines 17 and 23 of page 151 as subsections (c) and (d), respectively.

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

Y Balfour Y Blitch N Bowen N Broun N Brown 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
Guhl

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

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

On the adoption of the amendment, the yeas were 20, nays 34, and the Egan amendment (#11) was lost.

Senator Ladd of the 41st offered the following amendment (#12):

Amend the committee substitute to HB 1187 by deleting on page 41, line 5, the words "seventy-fifth" and replacing with "ninetieth" and

By deleting on page 42 lines 29 through 42 and line 1 page 43: all new language, and

By deleting on page 44: lines 3 through 10.

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

Y Balfour N Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James Y Johnson,E N Kemp

Y Price,R Y Price,T N Ragan Y Ray N Scott N Smith N Starr Y Stephens N Stokes

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687

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

Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen
Perdue N Polak

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

On the adoption of the amendment, the yeas were 18, nays 36, and the Ladd amendment (#12) was lost.

Senator Price of the 56th offered the following amendment (#13):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking line 34 of page 94 and inserting in lieu thereof the following:

"portions of meetings held by the state board".

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

Y Balfour N Blitch N Bowen N Broun N Brown 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 Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 20, nays 34, and the Price of the 56th amendment (#13) was lost.

Senator Price of the 56th offered the following amendment (#14):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking the word " may" on line 5 of page 44 and inserting in lieu thereof the word "shall".

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

Y Balfour N Blitch N Bowen N Broun N Brown

N Harbison N Hecht N Hill N Hooks N Huggins

Y Price,R Y Price,T N Ragan Y Ray N Scott

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JOURNAL OF THE SENATE

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 Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 20, nays 35, and the Price of the 56th amendment (#14) was lost.

Senators Perdue of the 18th and Price of the 56th offered the following amendment (#15):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking lines 13 through 29 of page 23 and inserting in lieu thereof the following:

"(i) The high school education program which includes general, vocational, and college preparatory classes;

(ii) The nonvocational high school laboratory program; and

(iii) The vocational laboratory program.

(B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the nonvocational high school laboratory and vocational laboratory programs shall be funded at higher levels than the high school general education program. The state board shall adopt criteria which courses must meet in order to qualify for either the nonvocational high school laboratory or the vocational laboratory program.'".

By striking lines 1 and 2 of page 33 and inserting in lieu thereof the following:

"(6)(9) High school nonvocational laboratory program (9-12)

1.1604 weight and 1 to 20 ratio".

By renumbering paragraphs (9) through (18) on pages 33 and 34 as paragraphs (10) through (19), respectively.

By striking lines 2 and 3 of page 51 and inserting in lieu thereof the following:

"program and the high school nonvocational and vocational laboratory programs shall reflect a base school".

By striking lines 30 through 34 of page 52 and inserting in lieu thereof the following:

"(f) The program weights for the high school nonvocational laboratory program and the vocational laboratory program, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of laboratory supervisors in each program.".

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

Thursday, February 24, 2000

689

Y Balfour Y Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks
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 Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 20, nays 34, and the Perdue, Price of the 56th amendment (#15) was lost.

Senators Perdue of the 18th and Lamutt of the 21st offered the following amendment (#16):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking lines 32 through 36 of page 46 and inserting in lieu thereof the following:

"expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other programs specified by that Code section.".

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

Y Balfour Y Blitch N Bowen N Broun N Brown 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 Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 21, nays 34, and the Perdue, Lamutt amendment (#16) was lost.

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JOURNAL OF THE SENATE

Senator Johnson of the 1st offered the following amendment (#17):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking line 36 of page 54 and inserting in lieu thereof the following:

"(i)(1) The State Board of Education shall adopt for each".

By striking line 45 of page 54 and inserting in lieu thereof the following:

"set forth in subsection (b) of Code Section 20-2-161.

(2)(A) The provisions of this paragraph shall apply only to a school which has received a grade of C, D, or F on the established absolute student achievement standard, as provided for in paragraph (1) of subsection (d) of Code Section 20-14-33. The provisions of this paragraph shall continue to apply to such a school until the school has received a grade of A or B on the established absolute student achievement standard, as provided for in paragraph (1) of subsection (d) of Code Section 20-14-33, for two consecutive years.

(B) The State Board of Education shall, for each instructional program that is authorized pursuant to Part 3 of this article, the middle school program provided for in Code Section 20-2-290, and the alternative education program provided for in Code Section 20-2-769 and taught at schools to which this paragraph applies, adopt the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but".

By striking lines 8 through 19 of page 55 and inserting in lieu thereof the following:

"for art, music, or physical education classes. An aide may".

By striking line 31 of page 55 and inserting in lieu thereof the following:

"program for the purpose of this paragraph.

(3) The number of".

By striking line 34 of page 55 and inserting in lieu thereof the following:

"such number established by the applicable state board rule pursuant to this subsection unless authorization for a specific larger".

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

Y Balfour Y Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable

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

Thursday, February 24, 2000

691

N Gillis Y Gingrey N Golden Y Guhl

N Meyer v Bremen Y Perdue N Polak

N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 21, nays 34, and the Johnson amendment (#17) was lost.

Senator Johnson of the 1st offered the following amendment (#18):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking line 20 of page 1 and inserting in lieu thereof the following:

"establishment of school councils at certain schools and for their composition".

By striking line 9 of page 12 and inserting in lieu thereof the following:

"schools with average or below average student achievement. The General Assembly believes that parent and".

By striking line 33 of page 12 through line 12 of page 13 and inserting in lieu thereof the following:

"(a) The provisions of this article shall apply only to a school which has received a grade of C, D, or F on the established absolute student achievement standard, as provided for in paragraph (1) of subsection (d) of Code Section 20-14-33, for two consecutive years. The provisions of this Code section shall continue to apply to such a school until the school has received a grade of A or B on the established absolute student achievement standard, as provided for in paragraph (1) of subsection (d) of Code Section 20-14-33, for two consecutive years.".

By adding the words "that are subject to this article" after the word "schools" on line 14 of page 13.

By striking line 18 of page 146 and inserting in lieu thereof the following:

"education, the local school council, if such a council exists, and appropriate".

By striking line 37 of page 147 and inserting in lieu thereof the following:

"such personnel of its school, if such a council is in operation pursuant to subsection (a) of Code Section 20-2-86; otherwise, the local board of education shall determine the distribution of the award among the noncertificated personnel at the school.".

By striking line 14 of page 149 and inserting in lieu thereof the following:

"member of the local school council, if such a council exists, and other school".

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

Y Balfour N Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land

Y Price,R Y Price,T N Ragan Y Ray N Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate

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JOURNAL OF THE SENATE

N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

Y Thomas,D N Thomas,N N Thomas,R N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 20, nays 35, and the Johnson amendment (#18) was lost.

Senator Cable of the 27th offered the following amendment (#19):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by adding the following after the word and symbol "parents;" on line 23 of page 3:

"to provide for independent evaluations of the effectiveness of categorical grants of state funds in improving student achievement;". By adding the following between lines 32 and 33 of page 71:

"SECTION 37A.

Said chapter is further amended in Part 9 of Article 6, relating to grants for educational programs under the 'Quality Basic Education Act,' by adding at the end thereof a new Code section, to be designated as Code Section 20-2-259, to read as follows:

'20-2-259.

The State Board of Education shall provide for independent evaluations of the effectiveness of its grants of state funds in improving student achievement. Such evaluation shall be conducted for each such grant program every three years. The state board shall include a copy of all evaluations completed during the fiscal year with a copy of its budget request for the following fiscal year. The evaluations provided for in this Code section shall apply to all categorical grants of state funds administered by the state board pursuant to this part or any other provision of state law but shall not apply to funds allotted pursuant to Code Section 20-2-161 or 20-2-260.'".

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

Y Balfour Y Blitch N Bowen N Broun N Brown 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 Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 21, nays 34, and the Cable amendment (#19) was lost.

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693

Senators Cable of the 27th and Lamutt of the 21st offered the following amendment (#20):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking line 5 of page 126 and inserting in lieu thereof the following:

"health care professionals. The student's parent or guardian must give specific permission in writing for the appropriately licensed health care professionals to administer specified medical services and must give general authorization for the appropriately licensed health care professionals to provide emergency treatment under the school health nurse program. Such written permission shall be kept in the student's school records. Each local board of education".

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

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

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

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

On the adoption of the amendment, the yeas were 22, nays 31, and the Cable, Lamutt amendment (#20) was lost.

Senator Cable of the 27th offered the following amendment (#21):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking line 11 of page 126 and inserting in lieu thereof the following:

"Code Section 20-2-773. The requirements of this Code section apply to all school health nurse programs of local boards of education, regardless of whether the program is operated by employees of the local school system or under a contract with another entity.'".

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

Y Balfour Y Blitch N Bowen N Broun N Brown Y Brush Y Burton

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James

Y Price,R Y Price,T N Ragan Y Ray N Scott N Smith N Starr

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N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean
Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 20, nays 33, and the Cable amendment (#21) was lost.

Senator Gingrey of the 37th offered the following amendment (#22):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by adding between lines 14 and 15 of page 94 the following:

"(3) Local boards of education shall have the option of allowing scores on end-of-course assessments to be counted as part of a student's grade in the course.".

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

Y Balfour N Blitch N Bowen N Broun N Brown 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 Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Y Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the adoption of the amendment, the yeas were 21, nays 34, and the Gingrey amendment (#22) was lost.

Senator Gingrey of the 37th offered the following amendment (#23):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking lines 1 through 3 of page 5 and inserting in lieu thereof the following:

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695

"school health nurse program; to provide that any person who first becomes a teacher on or after July 1, 2000, and who accepts a school year contract for the sixth consecutive school year from the same local board of education may be demoted or said teacher's contract may be not be renewed only for certain reasons;".
By striking lines 13 through 23 of page 126 and inserting in lieu thereof the following:
"Said chapter is further amended in Code Section 20-2-942, relating to the procedure for nonrenewal after acceptance by a teacher of a school year contract for a fourth consecutive school year, by adding a new paragraph (8) of subsection (b) and a new subsection (b.1) to read as follows:
'(8) The provisions of this subsection shall apply to any person who first became a teacher before July 1, 2000.'
'(b.1)(1) A teacher who accepts a school year contract for the sixth consecutive school year from the same local board of education may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940.
(2) In order to demote or fail to renew the contract of a teacher who accepts a school year contract for the sixth or subsequent consecutive school year from the same local board of education, the teacher must be given written notice of the intention to demote or not renew the contract of the teacher. Such notice shall be given by certified mail as provided in subsection (c) of Code Section 20-2-940. Such notice shall contain a conspicuous statement in substantially the following form:
You have the right to certain procedural safeguards before you can be demoted or dismissed. These safeguards include the right to notice of the reasons for the action against you and the right to a hearing. If you desire these rights you must send to the school superintendent by certified mail a statement that you wish to have a hearing; and such statement must be mailed to the school superintendent within 20 days after this notice was mailed to you. Your rights are governed by subsection (b) of Code Section 20-2-211, Code Section 20-2-940, and Code Sections 20-2942 through 20-2-947, and a copy of this law is enclosed.
A copy of subsection (b) of Code Section 20-2-211, Code Section 20-2-940, this Code section, and Code Sections 20-2-943 through 20-2-947 shall be enclosed with the notice. A teacher who is so notified that he or she is to be demoted or that his or her contract will not be renewed has the right to the procedures set forth in subsections (b) through (f) of Code Section 20-2-940 before the intended action is taken. A teacher who has the right to these procedures must serve written notice on the superintendent of the local board employing the teacher within 20 days of the day the notice of the intended action is served that he or she requests a hearing. In order to be effective, such written notice that the teacher requests implementation of such procedures must be served by certified mail as provided in subsection (c) of Code Section 20-2-940. Within 14 days of service of the request to implement the procedures, the local board must furnish the teacher a notice that complies with the requirements of subsection (b) of Code Section 20-2-940.
(3) A teacher is deemed to have accepted a sixth consecutive school year contract if, while the teacher is serving under the fifth consecutive school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the fifth consecutive school year that he or she does not accept the sixth consecutive school year contract.
(4) A teacher who has satisfied the conditions set forth in paragraph (1) of this subsection who is subsequently employed by another local board of education and who accepts a second consecutive school year contract from the local board at which the teacher is subsequently employed may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940. The provisions set forth in paragraph (2) of this subsection shall likewise apply to such a teacher.
(5) A teacher is deemed to have accepted a second consecutive school year contract if, while the teacher is serving under the first school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on

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the local board of education by May 1 of the first school year that he or she does not accept the second consecutive school year contract.

(6) Local boards shall make contract offers available to teachers for a minimum ten-day review period. A teacher accepts the contract by signing and returning it any time during the ten-day period.

(7)(A) Professional certificated personnel employed by a county or independent local school system that becomes consolidated with or merged into another county or independent local school system as provided in Article 8 of this chapter or otherwise shall retain their employment, except as provided in subparagraph (B) of this paragraph, in the newly created, or surviving, school system. Said professional certificated personnel shall retain and carry over all the rights already accrued and earned in the professional certificated personnel's prior school system and as set forth in this paragraph.

(B) Any reductions in staff due to loss of students or cancellation of programs in the newly created, or surviving, school system necessitated by the consolidation or merger shall be made first in preference of retaining professional certificated personnel on the basis of uniformly applied criteria set forth in local school board policies of the newly created, or surviving, school system.

(8) The provisions of this subsection shall apply to any person who first becomes a teacher on or after July 1, 2000.'".

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

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

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

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

On the adoption of the amendment, the yeas were 21, nays 33, and the Gingrey amendment (#23) was lost.

Senator Thomas of the 54th offered the following amendment (#24):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by adding between lines 23 and 24 of page 51 the following:

"(a.1) The program weights for the kindergarten, kindergarten early intervention, primary grades, and primary grades early intervention program, when multiplied by the base amount, shall reflect sufficient funds to provide classroom aides to assist teachers."

By striking lines 19 through 24 of page 55 and inserting in lieu thereof the following:

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697

"rules are in compliance with this subsection. An aide may be used to increase the maximum class size in any grade or program as specified by State Board of Education rule.".

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

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

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

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

On the adoption of the amendment, the yeas were 20, nays 32, and the Thomas of the 54th amendment (#24) was lost.

Senator Thomas of the 54th offered the following amendment (#25):

Amend the committee substitute to HB 1187 (LC 27 1143-ECS) by striking lines 1 through 3 of page 5 and inserting in lieu thereof the following:

"school health nurse program;".

By striking lines 12 through 23 of page 126 and redesignating Sections 66 through 77 as Sections 65 through 76, respectively.

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

Balfour N Blitch N Bowen N Broun N Brown Y Brush N Burton N Butler N Cable
Cagle N Cheeks Y Crotts N Dean Y Egan Y Fort

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James Y Johnson,E N Kemp N Ladd Y Lamutt N Land N Lee N Madden N Marable

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

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N Gillis Y Gingrey N Golden Y Guhl

N Meyer v Bremen N Perdue N Polak

N Thompson N Walker N Williams

On the adoption of the amendment, the yeas were 13, nays 39, and the Thomas of the 54th amendment (#25) was lost.

The following communication was received by the Secretary:

Please change my vote on amendment 25 from Yea to Nay on House Bill 1187. I inadvertently pushed the incorrect button.

/s/ Billy Ray

Senator Crotts of the 17th offered the following amendment (#26):

Amend the committee substitute to HB 1187 by adding immediately preceding semicolon on line 30 of page 4 the following:

"and are eligible to enroll in public school".

By adding between lines 35 and 36 of page 22 the following:

"SECTION 9.1.

Said chapter is further amended by striking subsection (a) of Code Section 20-2-150, relating to eligibility for school enrollment, and inserting in its place the following:

'(a) Except as otherwise provided by subsection (b) of this Code section, all children and youth who have attained the age of five years by September 1 and each child who will attain the age of five years between September 1 and December 31 and who demonstrates acceptable performance on a kindergarten readiness assessment which meets the technical standards of validity and reliability may shall be eligible for enrollment in the appropriate general education programs authorized in this part unless they attain the age of 20 by September 1 or they have received high school diplomas or the equivalent. This shall specifically include students who have reenrolled after dropping out and who are married, parents, or pregnant. Special education students shall also be eligible for enrollment in appropriate education programs through age 21 or until they receive high school or special education diplomas or the equivalent; provided, however, they were enrolled during the preceding school year and had an approved Individualized Education Program (IEP) which indicated that a successive year of enrollment was needed. Other students who have not yet attained age 21 by September 1 or received high school diplomas or the equivalent shall be eligible for enrollment in appropriate education programs, provided they have not dropped out of school for one quarter or more. Each local unit of administration shall have the authority to assign students who are married, parents, or pregnant or who have reenrolled after dropping out one quarter or more to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program or, at the option of the student, in an alternative program beyond the regular daytime program; provided, further, that such programs of instruction are designed to enable such students to earn course credit toward receiving high school diplomas. These programs may include instruction in prenatal care and child care. Each local unit of administration shall have the authority to provide alternative programs beyond the regular daytime educational program. Unless otherwise provided by law, the State Board of Education shall have the authority to determine the eligibility of students for enrollment. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual.'

SECTION 9.2.

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699

Said chapter is further amended by striking paragraphs (1) and (2) of subsection (b) of Code Section 20-2-151, relating to general and career education programs, and inserting in its place the following:

'(1)(A) All local school systems shall offer a full-day kindergarten program. For purposes of this subsection, the term "full-day basis" means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year; and

(B) It is the policy of this state that the purposes of the kindergarten program shall be to provide all children with an equal opportunity to become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students' educational careers. To be eligible for enrollment in a state supported kindergarten program, a child must attain the age of five by September 1 or attain the age of five between September 1 and December 31 and demonstrate acceptable performance on a kindergarten readiness assessment which meets the technical standards of validity and reliability, except as otherwise provided by subsection (b) of Code Section 20-2-150.

(2) It is the policy of this state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowledge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must attain the age of six by September 1 or attain the age of six between September 1 and December 31 and demonstrate acceptable performance on a first grade readiness assessment which meets the technical standards of validity and reliability, except as otherwise provided by subsection (b) of Code Section 20-2150. The State Board of Education shall adopt an instrument or instruments, procedures, and policies necessary to assess the first grade readiness of children enrolled in Georgia's public school kindergarten programs pursuant to Code Section 20-2-281. Readiness information obtained by the instrument or instruments adopted by the state board shall be used by local school systems in concert with teacher recommendations and other relevant information to make appropriate student grade placement decisions. The Department of Education shall develop guidelines for utilization of the instrument or instruments in grade placement decisions and shall provide such guidelines to local school systems. The guidelines shall include information pertinent to consideration of the placement of students who have been identified as being disabled or limited-English-proficient. Whenever the decision is made not to promote a child to the first grade, the local school system shall document the reasons for the decision not to promote, according to guidelines established by the board. The State School Superintendent shall annually provide a report summarizing the results of the readiness of first grade Georgia public school kindergarten children. No student shall remain in kindergarten for more than two years.'"

By striking line 38 of page 116 and inserting in its place the following:

"children between their seventh fifth birthdays, which five-year old child or children are eligible to enroll in a public school, and sixteenth".

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

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

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Y Lee N Madden

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

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Y Fort N Gillis Y Gingrey N Golden Y Guhl

N Marable N Meyer v Bremen Y Perdue N Polak

N Thomas,R N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 22, nays 32, and the Crotts amendment (#26) was lost.

Senator Williams of the 6th offered the following amendment (#27):

Amend the committee substitute HB 1187 (LC 27 1143-ECS) by adding after the word and symbols "Act';" on line 23 of page 1 the following:

"to provide for the offering of state funded high school courses in the History and Literature of the Old Testament Era and the History and Literature of the New Testament Era and for the granting of academic credit for the successful completion of such courses;".

By adding between lines 35 and 36 of page 22 the following:

"SECTION 9A.

Said chapter is further amended in Part 2 of Article 6, relating to competencies and core curriculum for elementary and secondary students under the 'Quality Basic Education Act,' by adding at the end thereof a new Code Section 20-2-147 to read as follows:

'20-2-147.

(a) All public schools with grade nine or above may make available to eligible students in grades nine through 12 an elective course in the History and Literature of the Old Testament (Tanak) Era and an elective course in the History and Literature of the New Testament Era. The purpose of such courses shall be to accommodate the rights and desires of those teachers and students who wish to teach and study the Old and New Testaments and to familiarize students with the contents of the Old and New Testaments, the history recorded by the Old and New Testaments, the literary style and structure of the Old and New Testaments, the customs and cultures of the peoples and societies recorded in the Old and New Testaments, and the influence of the Old and New Testaments upon law, history, government, literature, art, music, customs, morals, values, and culture.

(b)(1) A local board of education may adopt a curriculum for each such course, including objectives, reading materials, and lesson plans, which has been prepared in accordance with the requirements of this subsection.

(2) The topics to be included in the course in the History and Literature of the Old Testament (Tanak) Era may include the historical background and events of the period; the history of the Kingdom of Israel; the poetry of the Old Testament (Tanak); the influence of Old Testament (Tanak) history and literature on subsequent art, music, literature, law, and events, including recent and current events in the Middle East. The topics to be included in the course in the History and Literature of the New Testament Era may include the historical background and events of the period; the life of Jesus of Nazareth; the parables of Jesus; the life and travels of Paul; and the influence of New Testament history and literature on subsequent art, music, literature, law, and events.

(3) The book or collection of books commonly known as the Old Testament (Tanak) shall be the basic text for the course in the History and Literature of the Old Testament (Tanak) Era, and the book or collection of books commonly known as the New Testament shall be the basic text for the course in the History and Literature of the New Testament Era. In addition, students may be assigned a range of reading materials for the courses, including selections from secular historical and cultural works and selections from other religious and cultural traditions. The courses shall familiarize students with the customs and cultures of the times and places referred to in the Old Testament (Tanak) and the New Testament. The courses shall familiarize the students with the methods and tools of writing at the times the Old and New Testament books were written, the means by which they were preserved, the languages in which they were written and into which they were translated, and the historical and cultural events

Thursday, February 24, 2000

701

which led to the translation of the Old Testament (Tanak) and the New Testament into the English language. The local board of education may determine which version of the Old or New Testament shall be used as the main text or, if the local board of education does not do so, that determination may be made by the teacher of the course. No student shall be required to use one version as the sole text of the Old or New Testament. If a student desires to use as the basic text a different version of the Old or New Testament from that chosen by the local board of education or teacher, he or she shall be permitted to do so.
(4)(A) The courses provided for in this Code section shall:
(i) Be taught in an objective and nondevotional manner with no attempt made to indoctrinate the students as to either the truth or falsity of the biblical materials or as to the correct interpretation thereof;
(ii) Not have the primary effect of advancing or inhibiting a religious doctrine or sectarian interpretation of the Bible; and
(iii) Not disparage or encourage a commitment to a set of religious beliefs.
(B) At the discretion of the local board of education, the courses may familiarize the students with the various theories and methods of analyzing, interpreting, and understanding the Old Testament (Tanak) and the New Testament. However, the courses shall not attempt to coerce students to accept or reject any of these methods.
(c) If a local board of education offers a course provided for in this Code section, it shall develop or acquire training materials and offer training programs for the teachers of such a course. Such training materials and programs shall contain a segment devoted to the freedom of religion clauses contained in the First Amendment of the United States Constitution and the relevant United States Supreme Court and lower court decisions interpreting these clauses.
(d) The provisions of this chapter relating to personnel employed by local units of administration, including without limitation certification requirements, employment, and supervision, shall apply to persons who teach the courses provided for in this Code section. In addition, no person shall be assigned to teach such courses based in whole or in part on any religious test, profession of faith or lack thereof, prior or present religious affiliation or lack of affiliation, or criteria involving particular beliefs or lack thereof about the Bible. Except for these requirements, the qualifications and training of teachers shall be determined by the local boards of education.
(e) On and after August 1, 2000, for the purpose of earning Carnegie unit curriculum credits at the high school level, satisfactory completion of a course in the History and Literature of the Old Testament (Tanak) Era shall be accepted by the State Board of Education for one-half unit of elective credit, and satisfactory completion of a course in the History and Literature of the New Testament Era shall be accepted by the State Board of Education for one-half unit of elective credit; provided, however, that such courses are taught in strict compliance with the requirements of this Code section. The State Board of Education shall include the courses in the History and Literature of the Old Testament (Tanak) Era in its list of state funded courses for grades nine through 12.
(f) A local board of education may make such arrangements for monitoring the content and teaching of the course in the History and Literature of the Old Testament (Tanak) Era and the course in the History and Literature of the New Testament Era as it deems appropriate.
(g) Nothing in this Code section shall be construed to limit the authority of a local board of education to offer courses regarding the Old Testament (Tanak) or the New Testament that are not in compliance with this Code section; provided, however, that no state funds distributed pursuant to this article shall be expended in connection with such a course that does not meet the requirements of this Code section.
(h) Nothing in this Code section shall be construed to prohibit local boards of education from offering elective courses based upon the books of other religions or societies. In determining whether to offer such courses, the local board may consider the same factors it would consider in determining whether to offer the Old Testament or New Testament courses described elsewhere in this Code Section, including, but not limited to, student and parent demand for such courses and the impact such books have had upon history and culture.

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(i) As used in this Code section, the term 'Tanak' means a book of writing composed of the Torah, the Nevi'im, and the Ketuvim.'".

Senator Walker of the 22nd requested a ruling by the Chair as to the germaneness of the Williams amendment (#27). The President ruled the amendment not germane.

Senator Johnson of the 1st appealed the ruling of the Chair.

On the appeal of the ruling of the Chair, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun N Brown 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 Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

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

On the appeal, the yeas were 20, nays 34, and the ruling of the Chair was sustained.

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

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

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

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

On the adoption of the substitute, the yeas were 35, nays 19, and the committee substitute to HB 1187 was adopted.

Thursday, February 24, 2000

703

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:

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

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

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

On the passage of the bill, the yeas were 34, nays 21.

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

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

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1405.

By Representatives Connell of the 115th, Williams of the 114th and Harbin of the 113th:

A bill to amend Code Section 15-11-39 of the Official Code of Georgia Annotated, relating to transfer to another court for prosecution and termination of juvenile court jurisdiction, so as to lower from 15 to 13 years the age at which a juvenile may be transferred to another court.

HB 1361.

By Representatives Lucas of the 124th, Snow of the 2nd, Skipper of the 137th and others:

A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Ethics in Government Act," so as to require newspapers and other companies which accept paid political advertisements to maintain certain records concerning the identify of persons purchasing such advertisements.

The Calendar was resumed.

HB 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:

A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 19992000; and for other purposes.

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Senate Sponsor: Senator Hooks of the 14th.

The Senate Appropriations Committee offered the following substitute to HB 1162:

A Bill
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", approved May 3, 1999 (Ga. L. 1999, p. 1071), so as to change certain appropriations for the State Fiscal Year 1999-2000; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing appropriations for the State Fiscal Year 1999-2000, as amended, known as the "General Appropriations Act" approved May 3, 1999 (Ga. L. 1999, p. 1071), is further amended by striking everything following the enacting clause through Section 62, and by substituting in lieu thereof the following:

A. That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $12,516,275,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 2000.

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly.
Budget Unit: General Assembly Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts - Staff Per Diem, Fees and Contracts - Elected Officials Photography Expense Reimbursement Account

$

31,805,629

$

16,632,458

$

4,054,123

$

2,581,216

$

109,500

$

7,000

$

0

$

0

$

960,000

$

980,000

$

5,000

$

665,000

$

360,036

$

3,676,356

$

100,000

$

1,674,940

Total Funds Budgeted

$

31,805,629

State Funds Budgeted Senate Functional Budgets

Senate and Research Office

$

Lt. Governor's Office

$

Secretary of the Senate's Office

$

Total

$

House Functional Budgets

$
Total Funds 5,275,860 $ 962,415 $ 1,301,417 $
7,539,692 $

31,805,629
State Funds 5,275,860 962,415 1,301,417
7,539,692

Thursday, February 24, 2000

705

House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office

Total Funds

$

11,521,681 $

$

470,447 $

$

1,596,283 $

State Funds 11,521,681 470,447 1,596,283

Total

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee

$

13,588,411 $

Total Funds

$

3,214,038 $

$

2,328,999 $

$

1,158,951 $

$

3,541,464 $

$

434,074 $

13,588,411
State Funds 3,214,038 2,328,999 1,158,951 3,541,464 434,074

Total

$

10,677,526 $

10,677,526

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

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits.
Budget Unit: Department of Audits Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges

$

26,479,279

$

22,574,546

$

764,940

$

616,000

$

389,624

$

188,000

$

1,051,359

$

587,000

$

1,554,910

706

JOURNAL OF THE SENATE

Telecommunications

Total Funds Budgeted

State Funds Budgeted

PART II JUDICIAL BRANCH
Section 3. Judicial Branch.
Budget Unit: Judicial Branch Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network
Total Funds Budgeted

State Funds Budgeted Judicial Branch Functional Budgets

Supreme Court

$

Court of Appeals

$

Superior Court - Judges

$

Superior Court - District Attorneys

$

Juvenile Court

$

Institute of Continuing Judicial Education

$

Judicial Council

$

Judicial Qualifications Commission

$

Indigent Defense Council

$

Georgia Courts Automation Commission

$

Georgia Office Of Dispute Resolution

$

Total

$

Section 4. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Rents and Maintenance Expense Utilities Payments to DOAS Fiscal Administration Direct Payments to Georgia Building Authority for
Capital Outlay

$
$
$
$ $ $ $ $ $ $ $
$
$
Total Funds 7,853,991 $ 10,599,483 $ 45,301,313 $ 36,703,314 $ 1,374,764 $ 897,312 $ 5,876,555 $ 206,755 $ 5,970,000 $ 3,030,749 $ 300,510 $
118,114,746 $
$ $ $ $ $ $ $ $ $ $ $ $ $
$

321,000
28,047,379
26,479,279
115,427,142 15,601,484 96,449,954 3,042,892 1,733,421 41,000 500,000 745,995
118,114,746
115,427,142
State Funds 7,135,803 10,549,483 45,301,313 35,162,701 1,323,064 897,312 5,773,285 206,755 5,970,000 2,806,916 300,510
115,427,142
118,470,967 62,574,333 13,051,749 504,767 819,086 2,301,668 1,154,487 4,230,693 378,031 2,646,960 11,207,112 0 0
0

Thursday, February 24, 2000

707

Direct Payments to Georgia Building Authority for Operations
Telephone Billings Radio Billings Materials for Resale Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant State Self Insurance Fund
Total Funds Budgeted

State Funds Budgeted Departmental Functional Budgets

Administration

$

Support Services

$

Materials Management

$

Information Technology

$

Risk Management

$

State Properties Commission

$

Office of the Treasury

$

State Office of Administrative Hearings

$

Total

$

$ $ $ $ $ $ $ $ $ $
$
$
Total Funds 16,223,012 $ 12,845,458 $ 22,166,416 $
117,210,089 $ 78,459,037 $ 646,329 $ 1,638,409 $ 4,339,574 $
253,528,324 $

2,097,419 58,080,300
433,484 17,939,840
522,500 44,900 48,500 75,000
382,900 75,034,595
253,528,324
118,470,967
State Funds 4,662,922 4,106,583 0 29,167,621 75,557,095 646,329 262,271 4,068,146
118,470,967

B. Budget Unit: Georgia Building Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Contractual Expense Facilities Renovations and Repairs
Total Funds Budgeted

State Funds Budgeted Departmental Functional Budgets

Administration

$

Facilities Program

$

Operations

$

Security

$

Sales

$

Van Pool

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 11,863,964 $ 1,432,915 $ 12,635,231 $ 6,804,433 $ 4,435,386 $ 384,405 $

0 20,803,654 15,108,193
42,000 200,000 313,000 325,000
15,071 269,416 480,000
0 0 0 0
37,556,334
0
State Funds 0 0 0 0 0 0

708

JOURNAL OF THE SENATE

Total

$

Section 5. Department of Agriculture.

A. Budget Unit: Department of Agriculture Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Payments to Georgia Agrirama Development Authority for Operations Payments to Georgia Development Authority Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program

Total Funds Budgeted

State Funds Budgeted Departmental Functional Budgets

Plant Industry

$

Animal Industry

$

Marketing

$

Internal Administration

$

Fuel and Measures

$

Consumer Protection Field Forces

$

Seed Technology

$

Total

$

B. Budget Unit: Georgia Agrirama Development

Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

37,556,334 $
$ $ $ $ $ $ $ $ $ $ $
$
$ $ $ $
$ $
$ $ $ $
$
$
Total Funds 9,076,270 $ 16,399,249 $ 6,776,728 $ 7,539,581 $ 3,725,614 $ 8,229,091 $ 696,171 $
52,442,704 $
$ $ $ $ $ $

0
40,597,478 33,475,781 4,520,108 1,060,000
352,000 430,673 667,341 814,475 412,585 1,359,741 1,003,240
3,127,000
3,200,470 275,000 50,000 175,000
829,290 0
650,000 0
40,000 0
52,442,704
40,597,478
State Funds 8,295,270 13,267,114 3,101,728 7,352,581 3,595,914 4,984,871 0
40,597,478
0 1,039,790
203,000 3,000 0 5,000

Thursday, February 24, 2000

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Goods for Resale

Total Funds Budgeted

State Funds Budgeted

Section 6. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Total Funds Budgeted

State Funds Budgeted

Section 7. Department of Community Affairs.
Budget Unit: Department of Community Affairs Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Capital Outlay Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment HUD-Community Development Block Pass thru Grants Payment to Georgia Environmental Facilities Authority Community Service Grants Home Program ARC-Revolving Loan Fund Local Development Fund Payment to State Housing Trust Fund Payments to Sports Hall of Fame Regional Economic Business Assistance Grants State Commission on National and Community Service EZ/EC Administration

709

$

9,500

$

0

$

7,500

$

96,500

$

125,000

$

120,000

$

1,609,290

$

0

$

10,216,029

$

8,411,598

$

476,873

$

403,199

$

112,380

$

21,022

$

276,896

$

422,730

$

77,896

$

13,435

$

10,216,029

$

10,216,029

$

83,638,600

$

19,758,640

$

2,624,076

$

530,883

$

0

$

392,214

$

1,461,218

$

1,525,560

$

713,735

$

519,728

$

0

$

2,461,948

$

44,354,272

$

133,355

$

30,000,000

$

429,541

$

5,000,000

$

3,165,581

$

0

$

617,500

$

3,281,250

$

1,008,027

$

6,847,147

$

0

$

0

710

JOURNAL OF THE SENATE

EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation Authority
Total Funds Budgeted

State Funds Budgeted Departmental Functional Budgets

Executive Division

$

Planning and Management Division

$

Business and Financial Assistance Division

$

Housing and Finance Division

$

Accounting, Budgeting and Personnel Division

$

Rental Assistance Division

$

Administrative and Computer Support Division

$

Georgia Music Hall of Fame Division

$

Community Service Division

$

External Affairs Division

$

Total

$

Section 8. Department of Community Health.
A. Budget Unit: Medicaid Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts Grant in Aid to Counties Health Insurance Payments Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation
Total Funds Budgeted

$ $ $ $ $
$
$
Total Funds 55,448,300 $ 4,355,972 $ 40,645,047 $ 8,053,176 $ 3,330,220 $ 55,269,254 $ 3,035,167 $ 1,870,663 $ 10,648,288 $ 3,943,925 $
186,600,012 $

189,073 1,128,125 1,250,000 50,000,000 9,208,139
186,600,012
83,638,600
State Funds 55,083,441 4,119,560 9,116,501 3,165,581 1,973,837 0 1,769,145 916,894 3,680,002 3,813,639
83,638,600

$ 1,307,655,171

$

27,662,661

$

7,041,692

$

360,986

$

14,000

$

77,292

$ 1,016,795,296

$

1,355,759

$

802,656

$

365,953,663

$ 3,401,236,764

$

1,097,500

$

64,732

$

83,244

$

764,826

$

0

$

0

$

0

$

1,520,467

$

4,347,200

$

1,950,313

$

175,000

$

15,828,668

$

7,394,890

$

4,400,350

$

474,240

$

30,000

$ 4,859,432,199

Thursday, February 24, 2000

711

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Commissioner's Office Medicaid Benefits, Penalties and Disallowances Program Management - Medicaid

$

1,973,697 $

$ 3,401,236,764 $

$

33,031,410 $

Systems Management - Medicaid General Administration Minority Health

$

48,232,173 $

$

51,593,548 $

$

185,742 $

Women's Health Employee Health Benefits Health Planning

$

430,519 $

$ 1,280,826,826 $

$

1,728,303 $

Georgia Board for Physician Workforce Board of Medical Examiners Medical Education Board

$

35,173,287 $

$

1,518,879 $

$

1,520,467 $

Primary and Rural Health

$

1,980,584 $

Total

$ 4,859,432,199 $

1,307,655,171
State Funds 920,831
1,233,895,937 14,741,181 13,157,384 2,612,435 185,742 430,519 0 1,628,303 35,173,287 1,518,879 1,520,467 1,870,206
1,307,655,171

B. Budget Unit: Indigent Trust Fund Per Diem, Fees and Contracts Benefits

Total Funds Budgeted State Funds Budgeted

$

148,828,880

$

8,200,000

$

360,067,504

$

368,267,504

$

148,828,880

C. Budget Unit: PeachCare for Kids Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts PeachCare Benefits, Penalties and Disallowances
Total Funds Budgeted
State Funds Budgeted

$

17,189,386

$

418,478

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$

5,325,376

$

55,526,847

$

61,704,460

$

17,189,386

Section 9. Department of Corrections.
Budget Unit: Administration, Institutions and Probation
Personal Services Regular Operating Expenses Travel

$

856,007,481

$

545,312,296

$

69,984,263

$

2,680,815

712

JOURNAL OF THE SENATE

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases Payments to MAG for Health Care Certification University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund

Total Funds Budgeted
Indirect DOAS Funding Georgia Correctional Industries

State Funds Budgeted Departmental Functional Budgets

Executive Operations

$

Administration

$

Human Resources

$

Field Probation

$

Facilities

$

Total

$

Section 10. Department of Defense.
Budget Unit: Department of Defense Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay

Total Funds Budgeted

State Funds Budgeted

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$ $ $
$
Total Funds 51,107,276 $ 15,645,676 $
126,224,833 $ 66,880,989 $
618,913,511 $
878,772,285 $
$ $ $ $ $ $ $ $ $ $ $
$
$

2,193,077 4,302,107 6,198,054 6,793,774 7,737,635 58,566,299
38,000 23,590,741 1,300,000 28,980,363 6,931,097 3,000,000 1,093,624 4,106,736 1,627,149
577,160 1,527,120 100,937,031
0
438,944 856,000
878,772,285 450,000 0
856,007,481
State Funds 50,600,276 15,345,676
117,760,624 66,400,989
605,899,916
856,007,481
6,785,907 11,699,117 11,828,197
45,375 58,000 22,000 68,625 31,400 419,973 584,768 675,000
25,432,455
6,785,907

Thursday, February 24, 2000

713

Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard
Total
Section 11. State Board of Education Department of Education.
A. Budget Unit: Department of Education Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten\Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 High School Laboratories Vocational Education Laboratories Special Education Gifted Remedial Education Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Fair Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants In School Suspension Special Instructional Assistance Middle School Incentive Special Education Low - Incidence Grants Limited English-Speaking Students Program Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program Payment of Federal Funds to Board of Technical
and Adult Education Vocational Research and Curriculum Education of Children of Low-Income Families

Total Funds

$

2,197,481 $

$

6,132,268 $

$

17,102,706 $

$

25,432,455 $

State Funds 1,990,240 728,222 4,067,445
6,785,907

$ 5,137,605,521

$

42,259,256

$

6,963,707

$

1,473,315

$

156,000

$

328,810

$

1,223,687

$

78,742,069

$

12,570,238

$

2,224,965

$

808,452

$

0

$ 1,246,928,019

$ 1,057,747,868

$

436,873,709

$

207,679,609

$

156,945,877

$

548,792,945

$

98,679,526

$

104,495,375

$

36,602,631

$

134,010,159

$

800,161,761

$

153,021,075

$ (869,432,749)

$

66,951,970

$

0

$

246,132,902

$

3,158,000

$

23,951,042

$

98,870,519

$

100,606,873

$

620,134

$

28,122,176

$

500,000

$

4,340,000

$

32,060,730

$

27,650,639

$

293,520

$

236,086,129

714

JOURNAL OF THE SENATE

Even Start Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Remedial Summer School Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Alternative Programs Drug Free School (Federal) School Lunch (State) Mentoring Program Charter Schools Emergency Immigrant Education Program Chapter II - Block Grant Flow Through State and Local Education Improvement Child Care Lunch Program (Federal) Health Insurance - Non-Cert. Personnel and Retired
Teachers Governor's Scholarships Innovative Programs Title II Math/Science Grant (Federal) Migrant Education Counselors Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education in State Institutions At Risk Summer School Program Robert C. Byrd Scholarship (Federal) Technology Specialist Year 2000 Project Funding Troops To Teachers Child Care Program Comprehensive School Reform Character Education Standards of Care State Fund Reserve National Teacher Certification Student Information System

Total Funds Budgeted Indirect DOAS Services Funding

State Funds Budgeted Departmental Functional Budgets

State Administration

$

Student Learning and Assessment

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 13,338,391 $ 65,955,102 $

3,190,097 75,415,428 5,508,750 1,900,000
756,500 188,375,722
267,333 749,301 10,254,000 1,689,931 19,434,853 1,250,000 100,000 1,608,000 1,042,976 21,377,316 11,625,943 35,282,461 500,000 1,164,604 2,481,927 9,913,513 24,962,356 89,190,742
99,547,892 4,989,029 1,690,215 5,042,895
274,395 13,524,863 10,745,889 52,304,574 3,774,785 3,884,639 4,632,785 1,059,000 15,401,810 2,605,394
111,930 40,626,969 3,803,865
350,000 134,500 3,769,183 148,210 30,000,000
5,935,065,513 0
5,137,605,521
State Funds 9,609,173 54,171,030

Thursday, February 24, 2000

715

Governor's Honors Program Quality and School Support Federal Programs Technology Professional Practices Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School Readiness
Total

$

1,315,708 $

1,238,119

$

9,539,310 $

6,071,799

$

8,103,843 $

509,849

$

53,926,195 $

51,011,689

$

0$

0

$ 5,758,665,014 $ 4,996,682,714

$

6,627,095 $

6,092,736

$

5,416,371 $

5,052,934

$

6,480,883 $

5,999,421

$

5,697,601 $

1,166,057

$ 5,935,065,513 $ 5,137,605,521

B. Budget Unit: Lottery for Education Pre-Kindergarten - Grants Pre-Kindergarten - Personal Service Pre-Kindergarten - Operations Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System

Total Funds Budgeted

Lottery Funds Budgeted

Section 12. Employees' Retirement System.
Budget Unit: Employees' Retirement System Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Benefits to Retirees
Total Funds Budgeted

State Funds Budgeted

Section 13. Forestry Commission.

$

375,083,083

$

217,971,579

$

2,051,953

$

5,148,630

$

42,741,317

$

936,000

$

5,210,000

$

858,000

$

5,000,000

$

0

$

0

$

0

$

0

$

75,165,604

$

0

$

20,000,000

$

375,083,083

$

375,083,083

$

0

$

2,631,817

$

481,100

$

29,000

$

0

$

1,450

$

2,056,432

$

340,900

$

70,001

$

1,618,150

$

0

$

7,228,850

$

0

716

JOURNAL OF THE SENATE

Budget Unit: Forestry Commission

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Ware County Grant

$

Ware County Grant for Southern Forest World

$

Ware County Grant for Road Maintenance

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Reforestation Field Services General Administration and Support

$

2,017,895 $

$

35,621,337 $

$

4,323,595 $

Total

$

41,962,827 $

Section 14. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of Investigation

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Evidence Purchased

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Administration Investigative Georgia Crime Information Center

$

4,825,405 $

$

25,200,983 $

$

10,259,352 $

Forensic Sciences

$

21,132,497 $

Total

$

61,418,237 $

Section 15. Office of the Governor.

36,716,572 29,908,389 5,912,072
181,318 1,399,402 1,669,799
844,775 22,824
881,681 1,054,067
28,500 60,000
0 0
41,962,827
36,716,572
State Funds 19,684
32,541,448 4,155,440
36,716,572
61,418,237 44,194,440 6,194,456
465,379 387,220 3,271,595 677,600 391,419 1,022,479 3,889,982 423,667 500,000
61,418,237
61,418,237
State Funds 4,825,405 25,200,983 10,259,352 21,132,497
61,418,237

Thursday, February 24, 2000

717

A. Budget Unit: Office of the Governor

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Cost of Operations

$

Mansion Allowance

$

Governor's Emergency Fund

$

Intern Program Expenses

$

Art Grants of State Funds

$

Art Grants of Non-State Funds

$

Humanities Grant - State Funds

$

Art Acquisitions - State Funds

$

Children and Youth Grants

$

Juvenile Justice Grants

$

Georgia Crime Victims Assistance Program

$

Grants to Local Systems

$

Grants - Local EMA

$

Grants - Other

$

Grants - Civil Air Patrol

$

Transition Fund

$

Flood - Contingency

$

Year 2000 Project

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets
Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs Georgia Information Technology Policy Council Criminal Justice Coordinating Council Children and Youth Coordinating Council Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Governor's Commission for the Privatization
of Government Services

Total Funds

$

7,518,568 $

$

1,093,263 $

$

12,786,225 $

$

5,689,036 $

$

4,090,313 $

$

3,510,659 $

$

1,789,120 $

$

3,176,724 $

$

326,481 $

$

4,931,820 $

$

6,460,792 $

$

0$

Total

$

51,373,001 $

Section 16. Department of Human Resources.

Budget Unit: Department of Human Resources

$

1. General Administration and Support Budget:

38,952,545 18,720,021 1,783,853
324,759 38,070
187,639 529,724 1,174,007 579,758 8,922,612 3,845,501
40,000 3,165,000
148,913 4,000,000
274,194 470,000
0 250,000 2,183,750 100,000 684,400 1,085,000
0 57,000
0 0 2,808,800
51,373,001
38,952,545
State Funds 7,518,568 790,292 12,711,225 4,945,591 3,892,313 701,859 354,684 587,361 326,481 4,931,820 2,192,351
0
38,952,545
1,244,977,714

718

JOURNAL OF THE SENATE

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Special Purpose Contracts

$

Service Benefits for Children

$

Purchase of Service Contracts

$

Major Maintenance and Construction

$

Postage

$

Payments to DCH - Medicaid Benefits

$

Grants to County DFACS - Operations

$

Operating Expenses

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Departmental Functional Budgets

Commissioner's Office Office of Planning and Budget Services

Total Funds

$

1,016,387 $

$

4,101,512 $

Office of Adoption Children's Community Based Initiative Troubled Children's Placements

$

11,884,965 $

$

8,489,307 $

$

47,813,157 $

Human Resources Development Technology and Support Facilities Management

$

1,332,206 $

$

100,471,758 $

$

5,590,784 $

Regulatory Services - Program Direction and Support Child Care Licensing Health Care Facilities Regulation

$

887,565 $

$

3,398,648 $

$

11,273,899 $

Fraud and Abuse Financial Services Auditing Services

$

6,612,805 $

$

8,493,770 $

$

2,395,989 $

Personnel Administration Transportation Services Indirect Cost

$

7,002,396 $

$

12,081,291 $

$

0$

Policy and Government Services Aging Services DD Council

$

1,295,371 $

$

74,823,174 $

$

1,610,148 $

Total

$

310,575,132 $

2. Public Health Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

78,074,423 3,173,647 1,935,789
0 206,957 4,671,430 14,906,213 51,682,170 15,562,317
28,500 47,813,157 66,059,073
123,714 824,452 25,513,290
0 0
310,575,132
3,982,840
174,412,823
State Funds 1,016,387 4,101,512 5,917,359 8,114,307 34,335,726 1,332,206 56,451,611 4,341,288 877,565 3,372,079 5,615,983 2,410,331 4,126,637 2,395,989 7,002,396 1,876,134
(14,703,451) 1,295,371 44,484,229 49,164
174,412,823
49,968,343 75,192,219
839,880 0
195,367 1,326,062 5,146,402

Thursday, February 24, 2000

719

Computer Charges Telecommunications Special Purpose Contracts Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Postage Medical Benefits
Total Funds Budgeted Indirect DOAS Services Funding
State Funds Budgeted Departmental Functional Budgets

District Health Administration

$

Newborn Follow-Up Care

$

Oral Health

$

Stroke and Heart Attack Prevention

$

Sickle Cell, Vision and Hearing

$

High-Risk Pregnant Women and Infants

$

Sexually Transmitted Diseases

$

Family Planning

$

Women, Infants and Children Nutrition

$

Grant in Aid to Counties

$

Children's Medical Services

$

Emergency Health

$

Epidemiology

$

Immunization

$

Community Tuberculosis Control

$

Family Health Management

$

Infant and Child Health

$

Maternal Health - Perinatal

$

Chronic Disease

$

Diabetes

$

Cancer Control

$

Director's Office

$

Injury Control

$

Vital Records

$

Health Services Research

$

Environmental Health

$

Laboratory Services

$

Community Health Management

$

AIDS

$

Drug and Clinic Supplies

$

Adolescent Health

$

Public Health - Planning Councils

$

Early Intervention

$

Public Health - Division Indirect Cost

$

Total

$

3. Rehabilitation Services Budget: Personal Services Regular Operating Expenses

$ $ $ $ $ $ $ $
$
$
$
Total Funds 13,055,719 $ 1,383,859 $ 1,773,114 $ 2,148,234 $ 4,704,248 $ 4,959,151 $ 3,180,709 $ 11,092,949 $ 84,166,474 $ 70,108,664 $ 13,272,151 $ 3,684,786 $ 1,949,932 $ 1,614,511 $ 5,799,550 $ 1,386,617 $ 1,085,812 $ 2,827,258 $ 225,746 $ 159,019 $ 4,312,449 $ 2,039,075 $ 452,430 $ 2,026,711 $ 559,513 $ 2,024,561 $ 6,853,264 $ 186,315 $ 12,307,038 $ 10,363,458 $ 13,190,325 $ 109,837 $ 13,535,986 $ 0$
296,539,465 $
$ $

0 987,667 324,000 18,182,873 139,963,748
0 190,682 4,222,222
296,539,465
324,160
158,879,175
State Funds 12,928,784 1,170,028 1,447,939 1,035,622 3,937,429 4,959,151 1,071,146 5,914,421 0 69,122,805 6,297,075 2,309,073 1,373,534 0 4,323,360 888,072 682,415 1,222,894 225,746 159,019 4,312,449 1,762,714 309,792 1,765,712 559,513 1,512,688 6,583,264 186,315 7,759,475 2,640,380 2,942,458 92,340 11,108,461 (1,724,899)
158,879,175
86,240,987 12,217,485

720

JOURNAL OF THE SENATE

Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Case Services Special Purpose Contracts Purchase of Services Contracts Major Maintenance and Construction Utilities Postage

Total Funds Budgeted Indirect DOAS Services Funding

State Funds Budgeted Departmental Functional Budgets

Vocational Rehabilitation Services

$

Independent Living

$

Employability Services

$

Community Facilities

$

Program Direction and Support

$

Grants Management

$

Disability Adjudication

$

Georgia Factory for Blind

$

Roosevelt Warm Springs Institute

$

Total

$

4. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Postage Grants to County DFACS - Operations
Total Funds Budgeted
Indirect DOAS Services Funding
State Funds Budgeted
Departmental Functional Budgets

$ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 65,508,127 $ 848,949 $ 511,903 $ 10,471,695 $ 1,998,718 $ 744,540 $ 53,477,653 $ 12,023,096 $ 28,223,910 $
173,808,591 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$

1,764,296 50,582
1,616,277 5,225,022 11,230,188
383,041 2,477,637 37,940,291
735,245 11,963,883
255,000 959,650 749,007
173,808,591 100,000
25,249,247
State Funds 13,458,346 413,969 511,903 2,851,205 593,525 744,540 0 666,969 6,008,790
25,249,247
22,204,442 3,601,014
884,107 0
510,512 3,695,697 32,013,124
200,000 1,596,679 4,975,439 165,791,757 8,551,546 325,120,186 64,021,463 2,037,559 358,488,651
993,692,176 0
368,356,356

Thursday, February 24, 2000

721

Director's Office

$

Social Services

$

Administrative Support

$

Quality Assurance

$

Community Services

$

Field Management

$

Human Resources Management

$

Public Assistance

$

Child Support Enforcement

$

Temporary Assistance for Needy Families

$

SSI - Supplemental Benefits

$

Refugee Programs

$

Energy Benefits

$

County DFACS Operations - Eligibility

$

County DFACS Operations - Social Services

$

Food Stamp Issuance

$

County DFACS Operations - Homemakers Services

$

County DFACS Operations - Joint and Administration

$

County DFACS Operations - Employability Program

$

County DFACS Operations - Child Support Enforcement

$

Employability Benefits

$

Legal Services

$

Family Foster Care

$

Institutional Foster Care

$

Specialized Foster Care

$

Adoption Supplement

$

Prevention of Foster Care

$

Day Care

$

Special Projects

$

Children's Trust Fund

$

Indirect Cost

$

Total

$

5. Community Mental Health/Mental Retardation and Institutions:
Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities Major Maintenance and Construction Community Services

Total Funds Budgeted Indirect DOAS Services Funding

State Funds Budgeted Departmental Functional Budgets

Southwestern State Hospital

$

Augusta Regional Hospital

$

Northwest Regional Hospital at Rome

$

Georgia Regional Hospital at Atlanta

$

Central State Hospital

$

Total Funds 676,518 $
4,479,502 $ 2,684,052 $ 3,873,812 $ 15,390,717 $ 1,787,260 $ 2,522,234 $ 21,869,244 $ 45,747,979 $ 155,201,195 $ 1,422,012 $ 2,795,420 $ 7,223,130 $ 124,077,197 $ 103,349,456 $ 3,190,752 $ 8,895,675 $ 72,333,381 $ 23,476,986 $ 26,755,956 $ 61,675,562 $ 4,290,503 $ 33,166,733 $ 18,577,389 $ 7,749,161 $ 33,213,311 $ 11,886,390 $ 185,140,622 $ 5,489,588 $ 4,750,439 $
0$
993,692,176 $
$ $ $ $ $ $
$ $
$
Total Funds 36,750,435 $ 16,746,364 $ 27,706,653 $ 40,035,057 $
119,037,294 $

State Funds 676,518
3,467,461 2,404,749 3,873,812 1,468,234 1,787,260 1,516,443 3,739,244 5,896,604 48,247,444 1,122,012
0 0 60,900,727 40,330,107 0 2,776,636 36,306,261 9,021,901 10,209,597 15,861,742 2,520,990 21,546,880 13,212,885 4,781,324 20,413,693 8,218,081 50,186,937 3,871,923 4,250,439 (10,253,548)
368,356,356
292,661,721 54,213,803 200,000 9,483,250 1,962,161
370,714,919
729,235,854 1,673,274
518,080,113
State Funds 21,942,111 14,981,072 18,462,955 32,595,011 75,676,463

722

JOURNAL OF THE SENATE

Georgia Regional Hospital at Savannah

$

Gracewood State School and Hospital

$

West Central Regional Hospital

$

Outdoor Therapeutic Programs

$

Metro Drug Abuse Centers

$

Substance Abuse Residential Services

$

Community Mental Health Services

$

Community Mental Retardation Services

$

Community Substance Abuse Services

$

State Administration

$

Regional Administration

$

Total

$

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH - Medicaid Benefits Grants to County DFACS - Operations Medical Benefits

Total Funds Budgeted Indirect DOAS Services Funding

State Funds Budgeted

Section 17. Department of Industry, Trade and Tourism.

17,563,565 $ 53,088,572 $ 19,935,349 $ 3,978,254 $ 1,171,073 $
584,284 $ 179,082,554 $
99,455,207 $ 94,819,560 $ 13,048,860 $ 6,232,773 $
729,235,854 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$

16,644,577 25,164,592 17,775,607 3,044,388
988,323 0
171,952,230 65,052,645 40,533,155 7,957,309 5,309,675
518,080,113
529,149,916 94,184,365 5,424,072 250,582 2,529,113 14,918,211 63,295,927 52,265,211 20,624,300 54,213,803
370,714,919 37,940,291 4,975,439
165,791,757 9,639,291
372,933,343 160,227,292 139,963,748
2,340,875 10,442,900 3,801,700 25,513,290 358,488,651 4,222,222
2,503,851,218 6,080,274
1,244,977,714

Budget Unit: Department of Industry, Trade and Tourism

$

29,002,846

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$

11,934,405

$

1,454,492

$

562,389

$

45,000

$

93,724

Thursday, February 24, 2000

723

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Local Welcome Center Contracts

$

Marketing

$

Georgia Ports Authority Lease Rentals

$

Foreign Currency Reserve

$

Waterway Development in Georgia

$

Lanier Regional Watershed Commission

$

Georgia World Congress Center

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Administration Economic Development Trade

$

14,067,633 $

$

5,297,610 $

$

2,254,113 $

Tourism Georgia Legacy Strategic Planning and Research

$

4,379,658 $

$

266,955 $

$

2,736,877 $

Total

$

29,002,846 $

Section 18. Department of Insurance.

Budget Unit: Department of Insurance

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Health Care Utilization Review

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Internal Administration Insurance Regulation Industrial Loans Regulation

$

4,735,486 $

$

5,672,360 $

$

605,057 $

Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund

$

5,088,822 $

$

824,399 $

Total

$

16,926,124 $

Section 19. Department of Juvenile Justice.

409,336 844,245 422,215 1,516,887 250,600 8,464,553
0 0 50,000 0 2,955,000
29,002,846
29,002,846
State Funds 14,067,633 5,297,610 2,254,113 4,379,658 266,955 2,736,877
29,002,846
15,456,662 14,233,146
683,241 421,713
95,000 34,275 200,088 796,091 317,912 144,658
0
16,926,124
15,456,662
State Funds 4,735,486 5,672,360 605,057 3,619,360 824,399
15,456,662

724

JOURNAL OF THE SENATE

Budget Unit: Department of Juvenile Justice Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve
Total Funds Budgeted

State Funds Budgeted Departmental Functional Budgets

Regional Youth Development Centers

$

Bill Ireland YDC

$

Augusta State YDC

$

Lorenzo Benn YDC

$

Macon State YDC

$

Wrightsville YDC

$

YDC Purchased Services

$

Eastman YDC

$

Court Services

$

Day Centers

$

Group Homes

$

CYS Purchased Services

$

Sumter YDC

$

Law Enforcement Office

$

Assessment and Classification

$

Multi-Service Centers

$

Youth Services Administration

$

Office of Training

$

Total

$

Section 20. Department of Labor.
Budget Unit: Department of Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 57,950,823 $ 19,044,494 $ 12,585,656 $ 6,876,319 $ 7,947,149 $ 17,402,800 $ 26,240,217 $ 11,569,840 $ 24,242,695 $ 528,224 $ 1,143,739 $ 27,145,065 $ 832,038 $ 2,500,815 $ 637,469 $ 4,107,477 $ 21,400,297 $ 2,288,348 $
244,443,465 $
$ $ $ $ $ $ $ $ $

237,707,264 140,105,017
14,371,406 1,975,130
373,576 1,220,034 3,301,765 2,095,730 2,097,744 16,485,581 3,368,520
950,885 0
28,338,686 29,759,391
0 0
244,443,465
237,707,264
State Funds 56,372,865 18,362,732 12,004,080 6,626,335 7,626,777 16,734,710 25,477,272 11,182,195 23,980,200 528,224 1,143,739 26,012,289 832,038 2,500,815 637,469 4,017,477 21,379,699 2,288,348
237,707,264
11,854,273 79,196,888 6,580,372 1,419,181
0 413,385 2,179,103 1,920,544 1,759,042

Thursday, February 24, 2000

725

Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts W.I.N. Grants Payments to State Treasury Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Section 21. Department of Law.
Budget Unit: Department of Law Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Books for State Library

Total Funds Budgeted

State Funds Budgeted

Section 22. Merit System of Personnel Administration.

$

54,500,000

$

5,402,607

$

0

$

1,287,478

$

0

$

154,658,600

$

11,854,273

$

14,624,689

$

13,881,100

$

717,235

$

199,322

$

21,000

$

17,350

$

305,201

$

826,548

$

162,924

$

16,160,000

$

187,000

$

32,477,680

$

14,624,689

Budget Unit: Merit System of Personnel Administration

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Equipment

$

Real Estate Rents

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Total Funds Budgeted

$

Federal Funds

$

Other Agency Funds

$

Agency Assessments

$

Employee and Employer Contributions

$

Deferred Compensation

$

State Funds Budgeted

$

Departmental Functional Budgets
Executive Office Human Resource Administration Employee Benefits Internal Administration

Total Funds

$

1,336,640 $

$

4,316,771 $

$

1,994,370 $

$

4,863,490 $

0 7,313,055
846,478 91,147 22,864
758,586 1,010,974 2,248,400
219,767
12,511,271 0
1,275,762 10,722,136
0 513,373
0
State Funds 0 0 0 0

726

JOURNAL OF THE SENATE

Total

$

Section 23. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion Cost of Material for Resale Capital Outlay: New Construction Repairs and Maintenance Land Acquisition Support Wildlife Management Area Land Acquisition Shop Stock - Parks User Fee Enhancements Buoy Maintenance Waterfowl Habitat Paving at State Parks and Historic Sites Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation Chattahoochee River Basin Grants Contracts: Paralympic Games Technical Assistance Contract Corps of Engineers (Cold Water Creek State Park) Georgia State Games Commission U. S. Geological Survey for Ground Water
Resources U.S. Geological Survey for Topographic Mapping Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust Fund Payments to Georgia Agricultural Exposition
Authority Payments to McIntosh County Georgia Regional Transportation Authority
Total Funds Budgeted
Receipts from Jekyll Island State Park Authority Receipts from Stone Mountain Memorial Association Receipts from Lake Lanier Islands Development Authority

12,511,271 $

0

$

113,413,556

$

79,892,075

$

14,451,569

$

670,557

$

1,683,825

$

1,906,065

$

2,477,014

$

10,315,858

$

774,458

$

1,318,709

$

0

$

675,000

$

1,285,056

$

2,231,176

$

2,875,500

$

243,750

$

982,330

$

350,000

$

1,300,000

$

74,250

$

0

$

500,000

$

800,000

$

341,000

$

0

$

0

$

0

$

0

$

170,047

$

309,438

$

300,000

$

0

$

143,000

$

12,807,746

$

7,102,405

$

2,578,492

$

100,000

$

0

$

148,659,320

$

892,085

$

0

$

2,663,931

Thursday, February 24, 2000

727

Receipts from North Georgia Mountain Authority

$

Indirect DOAS Funding

$

State Funds Budgeted

$

Departmental Functional Budgets
Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance

Total Funds

$

5,273,968 $

$

5,621,945 $

$

2,769,992 $

$

40,843,639 $

$

2,398,880 $

$

37,889,186 $

$

52,924,497 $

$

937,213 $

Total $ B. Budget Unit: Georgia Agricultural Exposition Authority

148,659,320 $ $

1,432,064 200,000
113,413,556
State Funds 5,258,968 5,621,945 2,279,992 21,334,891 2,228,018 32,613,215 43,139,314 937,213
113,413,556 0

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay
Total Funds Budgeted
State Funds Budgeted Departmental Functional Budgets

Georgia Agricultural Exposition Authority

$

Section 24. State Board of Pardons and Parole.

Budget Unit: Board of Pardons and Paroles Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Jail Subsidy Health Services Purchases

Total Funds Budgeted

$ $ $ $ $ $ $ $ $ $
$
$
Total Funds
6,376,576 $
$ $ $ $ $ $ $ $ $ $ $ $
$

3,050,798 2,200,778
25,000 0
195,000 40,000 0 70,000
795,000 0
6,376,576
0
State Funds
0
48,076,666 37,791,380 1,697,625
555,000 230,000 190,000 591,200 3,038,958 1,165,000 2,062,003 735,500
20,000
48,076,666

728

JOURNAL OF THE SENATE

State Funds Budgeted

Section 25. Department of Public Safety. A. Budget Unit: Department of Public Safety

1. Operations Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports Year 2000
Total Funds Budgeted Indirect DOAS Service Funding
State Funds Budgeted

2. Driver Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Conviction Reports State Patrol Posts Repairs and Maintenance Driver License Processing

Total Funds Budgeted Indirect DOAS Service Funding

State Funds Budgeted Departmental Functional Budgets

Administration

$

Driver Services

$

Field Operations

$

Total

$

B. Budget Unit: Units Attached for Administrative

$
$
$ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
$ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 23,557,807 $ 24,925,164 $ 61,284,552 $
109,767,523 $

48,076,666
107,904,583
64,997,358 7,721,357
104,095 4,311,500
288,190 3,156,710
28,962 2,744,147 1,132,000
145,100 0 0
212,940
84,842,359 1,650,000
82,979,419
20,226,420 1,112,113
61,941 0
62,343 0
47,262 273,300
69,000 0
303,651 34,900
2,734,234
24,925,164 0
24,925,164
State Funds 21,844,867 24,925,164 61,134,552
107,904,583

Thursday, February 24, 2000

729

Purposes Only
Attached Units Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay

Total Funds Budgeted

State Funds Budgeted Departmental Functional Budgets

Office of Highway Safety

$

Georgia Peace Officers Standards and Training

$

Police Academy

$

Fire Academy

$

Georgia Firefighters Standards and Training Council

$

Georgia Public Safety Training Facility

$

Total

$

Section 26. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System

$
$ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 3,173,294 $ 1,538,510 $ 1,185,709 $ 1,159,178 $ 460,750 $ 11,186,834 $
18,704,275 $
$

14,767,504
8,486,817 2,559,964
87,389 80,541 172,746 158,185 160,247 281,073 413,531 2,425,200 3,578,582 300,000
18,704,275
14,767,504
State Funds 386,523
1,538,510 1,095,709 1,049,178
460,750 10,236,834
14,767,504
18,602,000

Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted
Section 27. Public Service Commission.
Budget Unit: Public Service Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Total Funds Budgeted

$

575,000

$

18,027,000

$

18,602,000

$

18,602,000

$

9,456,109

$

8,650,722

$

599,588

$

255,400

$

350,124

$

58,306

$

378,286

$

327,795

$

220,072

$

1,546,291

$

12,386,584

730

JOURNAL OF THE SENATE

State Funds Budgeted Departmental Functional Budgets

Administration

$

Transportation

$

Utilities

$

Total

$

Section 28. Board of Regents, University System of Georgia.

A. Budget Unit: Resident Instruction Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding
State Funds Budgeted
B. Budget Unit: Regents Central Office and Other Organized
Activities Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Fire Ant and Environmental Toxicology Research Agricultural Research Advanced Technology Development Center/
Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Regents Scholarships Rental Payments to Georgia Military College CRT Inc. Contract at Georgia Tech Research Institute

$
Total Funds 2,801,932 $ 4,293,546 $ 5,291,106 $
12,386,584 $

9,456,109
State Funds 2,801,932 1,636,382 5,017,795
9,456,109

$ 1,415,781,163

$ 1,529,074,116

$

215,731,047

$

371,311,204

$

637,169,805

$

50,340,528

$

1,131,712

$

365,217

$

979,646

$

8,660,332

$

1,030,000

$ 2,815,793,607

$

103,648,940

$

852,900,852

$

440,423,152

$

3,039,500

$ 1,415,781,163

$

185,387,556

$

301,522,127

$

116,575,795

$

134,495,359

$

68,133,453

$

0

$

2,683,909

$

18,139,002

$

5,000,000

$

300,000

$

5,184,122

$

867,525

$

600,000

$

0

$

1,387,150

$

127,604

Thursday, February 24, 2000

731

Direct Payments to the Georgia Public Telecommunications Commission for Operations
Area Health Education Center Contracts
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding
State Funds Budgeted

Regents Central Office and Other Organized Activities

Marine Resources Extension Center

$

Skidaway Institute of Oceanography

$

Marine Institute

$

Georgia Tech Research Institute

$

Advanced Technology Development Center/

Economic Development Institute

$

Agricultural Experiment Station

$

Cooperative Extension Service

$

Medical College of Georgia Hospital and Clinics

$

Veterinary Medicine Experiment Station

$

Veterinary Medicine Teaching Hospital

$

Georgia Radiation Therapy Center

$

Athens and Tifton Veterinary Laboratories

$

Regents Central Office

$

Total

$

C. Budget Unit: Georgia Public Telecommunications
Commission Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted Other Funds
State Funds Budgeted

$ $
$ $ $ $ $
$
Total Funds 2,411,940 $ 5,247,450 $ 1,857,769 $
111,217,128 $
23,139,002 $ 72,115,038 $ 57,863,173 $ 354,452,883 $ 3,334,563 $ 5,282,120 $ 3,625,810 $ 3,458,128 $ 35,421,056 $
679,426,060 $
$ $ $ $ $
$ $
$

24,410,014 0
679,426,060 3,576,811
195,411,819 294,506,374
543,500
185,387,556
State Funds 1,548,915 1,747,781 1,091,077 10,169,762
13,652,293 44,156,403 35,364,986 38,356,117 3,334,563
547,294 0
104,158 35,314,207
185,387,556
0 10,693,587 8,576,118 3,889,958 4,702,234
27,861,897 27,861,897
0

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Capital Outlay Georgia Military College - Computer Charges
Total Funds Budgeted

$

92,790,980

$

30,000,000

$

3,015,000

$

1,500,000

$

18,466,000

$

24,200,000

$

15,469,980

$

140,000

$

92,790,980

732

JOURNAL OF THE SENATE

Lottery Funds Budgeted

Section 29. Department of Revenue.

Budget Unit: Department of Revenue Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Motor Vehicle Tags and Decals Postage Investment for Modernization Homeowner Tax Relief Grants

Total Funds Budgeted Indirect DOAS Services Funding

State Funds Budgeted Departmental Functional Budgets

Departmental Administration

$

Internal Administration

$

Information Systems

$

Field Services

$

Income Tax Unit

$

Motor Vehicle Unit

$

Central Audit Unit

$

Property Tax Unit

$

Sales Tax Unit

$

State Board of Equalization

$

Taxpayer Accounting

$

Alcohol and Tobacco

$

Total

$

Section 30. Secretary of State.
A. Budget Unit: Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

$
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 46,161,657 $ 8,918,336 $ 12,116,330 $ 17,643,052 $ 8,913,730 $ 19,044,280 $ 8,613,241 $ 87,815,302 $ 4,955,574 $ 20,000 $ 4,601,401 $ 2,683,110 $
221,486,013 $
$ $ $ $ $ $ $ $ $ $

92,790,980
216,107,558 68,114,477 5,897,544 1,137,518 209,605 313,114 16,643,346 2,914,564 3,341,779 1,933,600 3,422,795 0 2,404,350 4,175,880 27,977,441 83,000,000
221,486,013 3,845,000
216,107,558
State Funds 46,161,657 8,768,336 11,101,130 17,503,052 8,613,730 17,744,280 8,613,241 86,081,847 4,855,574 20,000 3,961,601 2,683,110
216,107,558
29,064,645 17,981,474 3,167,087
225,650 168,720 127,876 3,005,695 2,829,398 790,137 1,172,708

Thursday, February 24, 2000

733

Election Expenses

Total Funds Budgeted

State Funds Budgeted Departmental Functional Budgets

Internal Administration

$

Archives and Records

$

Business Services - Corporations

$

Business Services - Securities

$

Elections and Campaign Disclosure

$

Drugs and Narcotics

$

State Ethics Commission

$

State Examining Boards

$

Holocaust Commission

$

Total

$

$
$
$
Total Funds 4,387,012 $ 5,136,308 $ 2,594,443 $ 2,056,834 $ 4,523,184 $ 1,351,977 $ 389,165 $ 9,424,325 $ 246,397 $
30,109,645 $

640,900
30,109,645
29,064,645
State Funds 4,357,012 5,061,308 1,874,443 2,006,834 4,503,184 1,351,977 389,165 9,274,325 246,397
29,064,645

B. Budget Unit: Real Estate Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Total Funds Budgeted
State Funds Budgeted Departmental Functional Budgets

Real Estate Commission

$

Section 31. Soil and Water Conservation Commission.

Budget Unit: Soil and Water Conservation Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Conservation Grants

$ $ $ $ $ $ $ $ $ $
$
$
State Funds
2,295,018 $
$ $ $ $ $ $ $ $ $ $ $

2,295,018 1,431,235
175,000 18,000 30,000 7,665
268,033 170,085
62,000 133,000
2,295,018
2,295,018
Cost of Operations
2,335,018
2,251,949 1,468,506
389,285 39,850 28,914 13,253 10,300
122,258 26,926
426,907 86,000

734

JOURNAL OF THE SENATE

Total Funds Budgeted

State Funds Budgeted

Section 32. Student Finance Commission.
A. Budget Unit: Student Finance Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Payment of Interest and Fees Guaranteed Educational Loans Tuition Equalization Grants Student Incentive Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants Paul Douglas Teacher Scholarship Loans Work Incentive for Students
Total Funds Budgeted

State Funds Budgeted Departmental Functional Budgets

Georgia Student Finance Authority

$

Georgia Nonpublic Postsecondary Education

Commission

$

Total

$

$
$
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 33,186,136 $
735,647 $
33,921,783 $

2,612,199
2,251,949
33,921,783 532,701 22,680 18,600 0 5,500 25,233 59,589 18,691 52,653 0
4,610,455 27,372,520
0 81,700 320,625 65,075 95,000 127,049
0 513,712
33,921,783
33,921,783
State Funds 33,186,136
735,647
33,921,783

B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees Tuition Equalization Grants Hope Scholarships - Private Colleges Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Engineer Scholarships

Total Funds Budgeted

$

210,951,363

$

111,497,102

$

31,981,035

$

27,567,229

$

0

$

34,117,000

$

563,422

$

225,575

$

3,500,000

$

975,000

$

525,000

$

210,951,363

Thursday, February 24, 2000

735

Lottery Funds Budgeted
Section 33. Teachers' Retirement System.
Budget Unit: Teachers' Retirement System Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems H.B.203 - Teachers' Accrued Sick Leave
Total Funds Budgeted
State Funds Budgeted
Section 34. Department of Technical and Adult Education.
A. Budget Unit: Department of Technical and Adult Education

$

210,951,363

$

3,515,000

$

7,322,760

$

397,300

$

20,500

$

0

$

23,950

$

1,061,717

$

622,335

$

284,987

$

389,300

$

0

$

3,300,000

$

215,000

$

0

$

13,637,849

$

3,515,000

$

265,174,356

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Salaries and Travel of Public Librarians Public Library Materials Talking Book Centers Public Library Maintenance and Operation Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program

Total Funds Budgeted

State Funds Budgeted Departmental Functional Budgets

Administration

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 10,803,724 $

7,365,399 574,232 177,380 24,658 184,271 870,529 450,787
1,009,682 146,786
16,251,603 6,045,458 1,104,526 8,025,736 2,352,500 198,816,237 59,469,464 6,218,967 19,420,938 3,600,628 11,320,900
343,430,681
265,174,356
State Funds 7,720,074

736

JOURNAL OF THE SENATE

Institutional Programs Total

$

332,626,957 $

257,454,282

$

343,430,681 $

265,174,356

B. Budget Unit: Lottery for Education

$

Computer Laboratories and Satellite Dishes-Adult

Literacy

$

Capital Outlay

$

Capital Outlay - Technical Institute Satellite Facilities

$

Equipment-Technical Institutes

$

Repairs and Renovations - Technical Institutes

$

Total Funds Budgeted

$

Lottery Funds Budgeted

$

Section 35. Department of Transportation.

Budget Unit: Department of Transportation

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Capital Outlay - Airport Aid Program

$

Mass Transit Grants

$

Harbor Maintenance/Intra-Coastal

Waterways Maintenance and Operations

$

Contracts with the Georgia Rail Passenger Authority

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments

Total Funds

$ 1,141,955,134 $

$

237,575,931 $

Facilities and Equipment Administration

$

17,859,379 $

$

34,571,796 $

Total
General Funds Budget Planning and Construction Maintenance and Betterments Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities

$ 1,431,962,240 $

$

85,000 $

$

0$

$

2,985,502 $

$

43,806,794 $

$

710,855 $

25,702,049
0 250,000
0 25,452,049
0
25,702,049
25,702,049
592,114,631 265,143,196
62,077,029 2,038,150 2,014,565 7,899,810 15,058,380 1,336,773 3,863,919 69,308,518 1,011,353,992 5,341,866 33,052,000
710,855 351,338
1,479,550,391
592,114,631
State Funds 295,689,552 225,093,946
17,299,379 33,788,121
571,870,998
85,000 0
2,507,391 16,940,387
710,855

Thursday, February 24, 2000

Total

$

47,588,151 $

Section 36. Department of Veterans Service.

Budget Unit: Department of Veterans Service

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Operating Expense/Payments to Medical College

of Georgia

$

Capital Outlay

$

WWII Veterans Memorial

$

Regular Operating Expenses for Projects and

Insurance

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets Veterans Assistance

Total Funds

$

22,316,359 $

Education and Training Veterans Nursing Home-Augusta

$

0$

$

8,072,029 $

Total

$

30,388,388 $

Section 37. Workers' Compensation Board.

Budget Unit: Workers' Compensation Board

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Payments to State Treasury

$

Total Funds Budgeted

$

State Funds Budgeted

$

Section 38. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

737
20,243,633
21,648,772 5,401,527 253,108 92,245 53,000 492,660 27,080 269,784 82,020 14,389,340
7,724,029 783,095 128,000
692,500
30,388,388
21,648,772
State Funds 16,508,047 0 5,140,725
21,648,772
11,665,616 9,545,810 438,815 130,600 0 16,164 253,320 1,201,575 239,930 99,402 0
11,925,616
11,665,616

738

JOURNAL OF THE SENATE

State General Funds (Issued) Motor Fuel Tax Funds (Issued)

$

440,877,184

$

35,000,000

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

$

475,877,184

$

54,310,233

$

0

Section 39.

Provisions Relative to Section 3, Judicial Branch.

$

54,310,233

The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 40. Provisions Relative to Section 4, Department of Administrative Services.

It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 1999 of all vehicles purchased or newly leased during Fiscal Year 1999.

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 41.

Provisions Relative to Section 7, Department of Community Affairs.

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or

Thursday, February 24, 2000

739

political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Acworth City of Acworth City of Adairsville
City of Adel City of Alamo
City of Albany
City of Albany
City of Albany City of Alma
City of Alma
City of Americus City of Andersonville Appling County Appling County Board of Education City of Aragon City of Arcade Athens/Clarke County
Athens/Clarke County
Athens/Clarke County Athens/Clarke County
Athens/Clarke County
Atkinson County Board of Education City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta
City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta
Board of Education

Purchase aluminum bleachers for city parks in Acworth

$

Purchase video cameras for patrol cars in Acworth

$

Replacement or renovation of police department building in

Adairsville

$

Purchase/install emergency warning system in Adel

$

Operating funds for the Ocmulgee Regional Library

System (Wheeler County Library) in Alamo

$

Operation of Slater King Adult Rehabilitation Day Center in

Albany

$

Operation of after school tutorial program for students in

East Albany

$

Lights for 8th Avenue ball field in City of Albany

$

Construction of law enforcement training center

and firearms qualification range in City of Alma

$

Purchase computer and software, safety fence and install

covered walkways at ABC Child Development Center in

Alma

$

Renovate Rylander Theater in Americus

$

Repairs of Holloway Building in Andersonville

$

Operating funds for the Welcome Center in Appling County $

Purchase band uniforms and instruments for

$

Appling County Schools

Operation of recreation facility in the City of Aragon

$

Install water line in City of Arcade

$

Repairs to Rutland Psycho Educational Services Center in

Athens/Clarke county

$

Grand Slam project- provide recreational and

educational activities in Athens/Clarke County

$

Operation of Athens Tutorial Program

$

Operation of Creative Visions Foundation in Athens/ Clarke

County

$

Operation of the NE Georgia Food Bank in Athens/ Clarke

County

$

Purchase band uniforms and lighting at Atkinson

County Schools

$

Operate Atlanta Consultant Aftercare Georgia Prison and

Parole Task Force

$

Operation of Georgia Soccer Foundation

$

Operate Paradise Baptist Church after school program in

Atlanta

$

Operating funds for the School of Library and

Information Programs at Clarke-Atlanta University

$

Operating funds for Day Care Program and Summer Camp $

Purchase facility for community center in City of Atlanta $

Operation of Arts on the Road project in City of Atlanta

$

Operation of the Vine City Housing Ministry

$

Renovation of soccer fields at Inman Middle School

in Atlanta

$

10,000 10,000
25,000 7,500
25,000
35,000
20,000 25,000
5,000
9,694 100,000
10,000 5,000
20,000
10,000 25,000
75,000
10,000 10,000
10,000
25,000
20,000
30,000 30,000
25,000
500,000 15,000 25,000 20,000 50,000
25,000

740

JOURNAL OF THE SENATE

City of Atlanta
City of Atlanta
City of Atlanta
City of Atlanta
City of Augusta City of Augusta City of Augusta
City of Augusta
City of Augusta City of Augusta
Augusta/Richmond County
Augusta/Richmond County Board of Education
Augusta/Richmond County
Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Bacon County
City of Baconton City of Bainbridge
Baker County
Baldwin County
Baldwin County
Baldwin County Baldwin County Board of Education Baldwin County
Board of Education
Baldwin County
Banks County City of Barnesville

Renovation of recreation center at the Community

Affairs Ministry in Fulton County

$

Operation of the Morehouse College Life and History of

Black Georgians

$

Operation of the Outdoor Activity Center after school

program in Fulton County

$

Operating funds for Community Care (Kids in Juvenile

Care) in Fulton County

$

Operation of child advocacy center in Augusta

$

Promote tourism and development in the City of Augusta $

Construct fields and install additional lighting at Master City

Little League

$

Operation of the "Shirley Bladke Burn Retreat" at

the Southeastern Firefighters Burn Foundation in Augusta $

Operation of the Augusta Clean and Beautiful Program

$

Purchase equipment/install lighting at West Augusta Little

League

$

Operating funds for the following: Beulah Grove

Community Resource Center, Inc., Lucy C. Laney Museum

of Black History, Augusta-Richmond Opportunities Center

Inc., Good Hope Social Service Ministry, Inc., CSRA

Transitional

Center, Inc., and Shiloh Comprehensive Community Center $

Purchase equipment for Wilkinson Garden

Elementary, Terrace Manor Elementary, and

purchase equipment and renovate new wing for Glenn Hills

High School in Augusta/Richmond County

$

Operation of Augusta-Richmond County Fire Rescue Safety

House

$

Installation of a therapeutic whirlpool at Belle Terrace

Swim Center- Augusta Recreation and Parks Department $

Operating funds for Augusta Youth Center

$

Operate the Augusta/Richmond County Museum

$

Restoration and equipment in VFW Building and Masonic

Lodge in Bacon County

$

Improvements to public water delivery service in Baconton $

Construct the Southwest Georgia Welcome Center in

Bainbridge

$

Provide funds for site preparation for Baker Elementary

School

$

Develop master plan for Georgia College and State

University campus in Baldwin County

$

Operation of Oconee Prevention Resource Council Inc. in

Baldwin

$

Purchase fireboat for Baldwin County Fire Department

$

Operation of STAR program in Baldwin County

Schools

$

Operation of disciplinary program for middle schools in

the Baldwin County Student Transition & Recovery

Program

$

Purchase computers and education software for Baldwin

County Boys and Girls Club

$

Micro-filming of records in Banks County

$

Purchase automated external defibrillators and an air

50,000 50,000 50,000 20,000 40,000 10,000,000 15,000 55,000 20,000 15,000
37,000
30,000 10,000
5,000 25,000
5,000
5,000 10,000 1,554,600 25,000 10,000 10,000 35,000 25,000
25,000 10,000 20,000

Barrow County
Barrow County
Bartow County Bartow County
Bartow County
Bartow County
Ben Hill County
Ben Hill County City of Berlin Berrien County
Berrien County
Berrien County Board of Education Bibb County Bibb County
Bibb County Bibb County Bibb County Bibb County
Bibb County Bibb County Bibb County
Bibb County Bibb County Bibb County
City of Blackshear
City of Blakely City of Blakely Bleckley County City of Bloomingdale
City of Boston
City of Bowersville Brantley County
City of Bremen City of Bremen Brooks County Brooks County
City of Broxton

Thursday, February 24, 2000

741

respiration system for City of Barnesville

$

Operation of Peace Place Inc. Shelter for battered women in

Barrow County

$

Renovate Peace Place, Inc., a battered women's shelter in

Barrow County

$

Operation of child advocacy center in Bartow County

$

Purchase equipment for Folsom Fire Station in Bartow

County

$

Purchase equipment for Pine Log Volunteer Fire Department

in Bartow County

$

Replace vehicle Bartow County transportation of retarded

children

$

Restoration on e-wing of building and air conditioning for

after school learning center in Ben Hill County

$

Improvements to Ben Hill County landing

$

Roof repair on community center in Berlin

$

Purchase equipment for livestock show barn in

Berrien County

$

Purchase computer system for the Berrien County Sheriff

Department

$

Purchase band instruments for Berrien County

High School

$

Operation of the Lighthouse Mission in Bibb County

$

Provide funds for a feasibility study for a stadium in Bibb

County

$

Operate the Adopt-a-Role Model in Bibb County

$

Operating funds for the Hay House in Bibb County

$

Operating funds for the Douglas Theater in Bibb County $

Operating funds for the Harriette Tubman Museum in Bibb

County

$

Develop recreation property for South Bibb County

$

Operation of Macon Mentoring Program in Bibb County $

Operating funds for Mid Georgia Council on Drugs in Bibb

County

$

Operating funds for the Tubman Museum in Bibb County $

Operating funds for Bibb County Teen Court

$

Purchase band uniforms for Central High School in Bibb

County

$

Purchase equipment and improvements to Old Depot

Building in Blackshear

$

Renovation of gym in Blakely

$

Replace water lines and fire hydrants in the City of Blakely $

Operating funds for Bleckley Fire Department

$

Repairs and equipment for softball and baseball fields in

Bloomingdale

$

Renovate library to be used as multi-purpose community

center in Boston

$

Enhancement to city infrastructure in Bowersville

$

Operating expenses for constituent services

program in Brantley County

$

Operating expenses for Bremen Schools

$

Operating expenses for Bremen recreation facility

$

Renovate community center in Simmon Hill, Brooks County $

Construct Tallokas Community Fire House in Brooks

County

$

Rehabilitation of city hall in Broxton

$

15,000
15,000
10,000 40,000
25,000
25,000
75,000
10,000 15,000
5,000
10,000
25,000
10,000 100,000
75,000 15,000 30,000 50,000
50,000 40,000 15,000
25,000 15,000 15,000
10,000
5,000 15,000 20,000 15,000
10,000
20,000 10,000
5,000 50,000 15,000 10,000
12,000 5,000

742

JOURNAL OF THE SENATE

City of Brunswick
City of Brunswick
City of Brunswick
Bryan County Board of Education Bryan County Board of Education Bryan County
City of Buchanan Bulloch County
Butts County Butts County
City of Byron City of Byron City of Byron
City of Cadwell Calhoun County Board of Education City of Cairo Camden County
City of Camilla Candler County
City of Canon
City of Carnesville City of Cartersville City of Cartersville City of Cave Spring City of Cave Springs City of Cecil
City of Cedartown City of Centerville
City of Centerville/ Houston County City of Chamblee
City of Chamblee
Charlton County
Charlton County
Chatham County
Chatham County

Replace recreation equipment in Goodyear Park,

City of Brunswick

$

Replace recreation equipment in College Park, City of

Brunswick

$

Construct a permanent location at City Dock for area

shrimpers in Brunswick

$

Purchase uniforms, equipment, and supplies for

Bryan County athletic teams

$

For school activities by Bryan High School Booster Club

and Hendrix Park Expansion

$

Purchase equipment for emergency fire vehicle in Bryan

County

$

Operating expenses for Buchanan recreation facility

$

Construct restroom building adjacent to soccer complex

at Mill Creek Park, Statesboro in Bulloch County

$

Purchase equipment for the Butts County Fire Department $

Purchase equipment, renovate playground, and repair tennis

courts in Butts County

$

Develop downtown park in City of Byron

$

Operation of a city park in Byron

$

Purchase equipment and improvements for Byron

City Park

$

Operating funds for City of Cadwell

$

Resurface track at Calhoun County High School

$

Repairs to Roddenberry Memorial Library in Cairo

$

Operation of Risk Watch Program at the Camden County

Fire Rescue Unit

$

Improvements to a recreational complex in Camilla

$

Purchase equipment and supplies for the communications

center in Candler County

$

Operating funds and equipment at Canon City Community

Center

$

Construction on Carnesville recreational complex

$

Operation of recreation facility in the City of Cartersville $

Economic development in the City of Cartersville

$

Purchase water pump for water system in Cave Spring

$

Repair roof for Georgia School for the Deaf

$

Purchase fire fighting equipment for volunteer fire

department in Cecil

$

Operation of recreation facility in the City of Cedartown

$

Operating funds for the Senior Citizen Building in

Centerville

$

Operating expenses for Centerville/Houston County

Fire Department

$

Improvements to computers at Elaine Clarke Center in City

of Chamblee

$

Operation of a multi-use recreational facility in the City of

Chamblee

$

Repairs and maintenance of county buildings in Charlton

County

$

Purchase radio communication equipment for Southern

Charlton County

$

Construct firing range at Armstrong State University in

Chatham County

$

Operation of Historic Lucas Theater in Chatham County

$

20,000
20,000
10,000
15,000
50,000
10,000 15,000
10,000 30,000
15,000 50,000 10,000
5,000 10,000 10,000
10,000
90,528 25,000
10,000
15,000 25,000 25,000 240,000 25,000 25,000
7,500 25,000
25,000
25,000
15,000
20,000
5,000
25,000
25,000 50,000

Chatham County
Chatham County
Chatham County Chatham County Chatham County
Chatham County
Chatham County
Chatham County
Chattahoochee Board of Education Chattooga County
Chattooga County
Chattooga County Board of Education City of Chester City of Chickamauga Clarke County
Clay County Clay County Clay County
Clayton County Board of Education
Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County
Clayton County
Clayton County Board of Education Clayton County
Clayton County
Clayton County

Thursday, February 24, 2000

743

Operating funds for the Roundhouse Center Complex in

Chatham County

$

Operating funds for Bamboo Farm and Coastal Gardens in

Chatham County

$

Outdoor Kiosk-Highway 21 to I-95 in Chatham County

$

Repairs for Cooper Center in Garden City

$

Repairs and improvements to the Oglethorpe

Academy in City of Savannah/Chatham County

$

Operation of the Eighth Air Force Museum "Women

in Aviation" Exhibit in Chatham County

$

Operation of the Mighty Eighth Air Force Museum in

Chatham County

$

Purchase van for Frank Callen Boys & Girls Club in

Chatham County

$

Purchase equipment and supplies for the Chattahoochee

Board of Education

$

Improvements to the water line at Chattooga County

Cloudland Water System

$

Purchase 'Jaws of Life' for Gore Fire Department in

Chattooga County

$

Construct a computer technology shop for Chattooga High

School in Chattooga County

$

Establish a Chester City Police Department

$

Historic preservation and paving in Chickamauga

$

Operation of Strong Day Recovery Residence in

Clarke County

$

Operation of the Clay County EMS/ambulance services

$

Planning funds for the Clay County Airport

$

Operating expenses for EMS/ambulance services in Clay

County

$

$5,000 each to West Clayton Elementary, E.W. Oliver

Elementary, Northcutt Elementary, Church St. Elementary,

and Riverdale Elementary for playground equipment;

$10,000 for North Clayton High (band uniforms); $10,000

each for operating expenses for Pointe South Middle, North

Clayton Middle, Riverdale Middle, and Riverdale High

School

$

Purchase playground equipment for Riversedge Elementary

in Clayton County

$

Purchase computer software for at risk reading students of

Suder Elementary in Clayton County

$

Purchase new bleachers for soccer/softball fields at

Lovejoy High School in Clayton County

$

Purchase circulating media table and projection

device for Kemp Elementary in Clayton County

$

Calvary Refuge Center - operation of emergency shelter and

refuge center for misplaced persons in Clayton County

$

Reynolds Nature preserve -park development/enhancements

in Clayton County

$

Purchase safety cameras for school buses in Clayton County $

Forest Park Athletic Complex- remodel concession stand

and purchase equipment in Clayton County

$

Construct child care center for Youth Empowerment Project

in Clayton County

$

Operation of the Arts Clayton, Inc. in Clayton County

$

100,000 25,000 10,000 5,000 45,000 50,000
100,000 30,000 50,000 50,000 10,000 37,000 5,000 15,000 10,000 20,000 15,000 10,000
75,000 7,500 7,500
12,000 10,000 30,000 60,000 10,000
25,000 40,000 25,000

744
Clayton County
City of Climax Clinch County Clinch County Cobb County
Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Cobb County Board of Education Cobb County
Cobb County Board of Education
Cobb County Board of Education Cobb County Board of Education Cobb County City of Cobbtown City of Cochran Coffee County
Coffee County
Coffee County
Coffee County Board of Education Coffee County Board of Education City of Colquitt
Colquitt County
Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County

JOURNAL OF THE SENATE

Operation of the Alzheimer's Support Services in Clayton

County

$

Purchase fire equipment in City of Climax

$

Operation of Bridges of Hope in Clinch County

$

Renovate/install canopy at Clinch County Recreation Park $

Renovations to and lighting for Clarksdale Village Baseball

Fields (Southwest Baseball Association, Inc.) in Cobb

County

$

Foundation 2000 for Children improve educational facilities

in Cobb County

$

Improve educational facilities for South Cobb High School

Education Foundation

$

Purchase equipment and renovate North Cobb High School

stadium

$

Purchase of two sousaphones for North Cobb High School $

Brumby Elementary School- Provide covered walkways and

landscape in Cobb County

$

Teasley Elementary School- Provide wiring upgrades

and covered walkways in Cobb County

$

Expansion of the Cobb County Youth Museum, Inc.

$

Sprayberry High School- build field house in Cobb County $

Purchase/install lights for Clarksdale Village Baseball Fields

(Southwest Baseball Association, Inc.) in Cobb County

$

Construction of multi-purpose outdoor classroom at

Pope High School in Cobb County

$

Construct an athletic facility for Campbell High School in

Cobb County

$

Purchase musical instruments and computer equipment

for Autry Middle School in Cobb County

$

Operation of the Cobb County Collaborative

$

Upgrade softball field in Cobbtown

$

Operating funds for Cochran Arts Center

$

Soccer field improvements at South Georgia Soccer Club in

Coffee County

$

Purchase radio repeater and tower for Coffee County

emergency management

$

Purchase equipment for West Green Community

Center Fire Department in Coffee County

$

Purchase lighting for Coffee High School practice

field

$

Purchase Coffee County High School PA System

$

Planning, design and renovation of historic building in City

of Colquitt

$

Purchase turnout gear for the Colquitt County Volunteer Fire

Department

$

Renovation and improvements to stadiums at Evans High

School in Columbia County

$

Improvements to girl's softball field at Evans High School in

Columbia County

$

Purchase of band uniforms for Lakeside High School in

Columbia County

$

Purchase of communications equipment for Columbia

County Sheriff's Department

$

50,000 5,000
10,000 5,000
20,000 25,000 15,000 10,000
5,000
10,000 10,000 25,000 35,000
15,000 50,000 20,000
3,000 20,000
5,000 10,000
5,000 5,000 10,000 10,000 1,500
10,000 10,000
5,000 10,000 10,000 10,000

Thursday, February 24, 2000

745

Columbia County
Columbia County Board of Education Columbia County
Columbia County Board of Education Columbia County Board of Education Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County
Columbus/Muscogee County Columbus/ Muscogee County
Columbus/ Muscogee County
Columbus/ Muscogee County
Columbus/ Muscogee County
Columbus/ Muscogee County
Columbus/ Muscogee County
Columbus/ Muscogee County
Columbus/ Muscogee County
Columbus/ Muscogee County
Columbus/ Muscogee County
Columbus/ Muscogee County
City of Columbus City of Columbus
City of Columbus
City of Columbus
City of Columbus
City of Commerce Board of Education City of Concord City of Conyers

Purchase air packs and equipment for Appling

Volunteer Fire Department in Columbia County

$

Purchase safety lighting for baseball field at

Greenbriar High School in Columbia County

$

Landscape, erosion control and improvements to

playground at Blue Ridge Elementary in Columbia County $

Operation of foreign language program in Columbia County

schools

$

Playground improvements at South Columbia Elementary $

Operation of Peabody Against Drugs

$

Operation of BTW Against Drugs

$

Operation of SW Muscogee Against Drugs

$

Operation of prison rehabilitation in Muscogee

$

County

Operation of the "Winterfield on the Move" in Muscogee

County

$

Operation of the "Veterans Life Action Center" in Muscogee $

Operation of the Columbus Community Center

Outreach Program in Columbus/Muscogee County

$

Operate Project Rebound/Family Institute alternative

program in Columbus

$

Operate Community Health Center for South Columbus in

Muscogee County

$

Operate Two Thousand Opportunities, Inc. in

Columbus/Muscogee County

$

Operate Liberty Theater Cultural Center, Inc in

Columbus/Muscogee County

$

A.J. McClung YMCA-Operation of after school program in

Columbus

$

Operate the Play and Learn Together Program in

Columbus/Muscogee County

$

Operation of Summer tutorial program by Combined

Communities of Southeast Columbus

$

Operation of The Spencer House in Columbus/ Muscogee

County

$

Operation of the Metro Columbus Urban League Youth

$

Alive

Columbus Youth Network outreach program for

disadvantaged youth in Columbus/Muscogee County

$

Operating funds for the Springer Opera House in Columbus $

Operating funds for the Metropolitan Columbus

Task Force for the Homeless in Columbus

$

Operating funds for the Woodruff Museum of Civil War

Naval History in Columbus

$

Operation of Easter Seals Program of West Georgia in

Columbus

$

Operating funds for Outreach Program-Boys Club of

Columbus, Inc

$

Purchase/install heating and cooling unit for Commerce

High School gym

$

Water system improvements in Concord

$

Development of Big Haynes Creek Nature Center

$

10,000 25,000
5,000 50,000
5,000 5,000 5,000 20,000 20,000
25,000 25,000 25,000 15,000 35,000 50,000 100,000 25,000 15,000 25,000 20,000 25,000
15,000 100,000
25,000 100,000
40,000 120,000
20,000 10,000 50,000

746
Cook County Board of Education Coweta County
Coweta County Crawford County Crisp County City of Cuthbert
City of Dallas City of Dalton City of Dalton City of Danville City of Darien
City of Darien City of Dawson City of Dawson
City of Dearing
City of Decatur DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County DeKalb County Board of Education DeKalb County Board of Education DeKalb County DeKalb County DeKalb County
DeKalb County Board of Education DeKalb County
DeKalb County Board of Education DeKalb County
DeKalb County DeKalb County Board of Education DeKalb County

JOURNAL OF THE SENATE

Pave sidewalk at Cook County Middle School along Elm

Street

$

Construct the Coweta Central Education Center for

a Governor's Education and Reform Study Commission

(GERSC) pilot project

$

Equip Senior Center rooms in Newnan/Coweta County

$

Operation of Crawford County Recycling Center

$

Operating funds for the Arts Alliance in Crisp County

$

Cuthbert Housing Authority- Construct an assisted living

and Alzheimer facility in Cuthbert

$

Renovations to the Dallas Theater and Civic Complex

$

Operation of the Northwest Georgia Girls Home

$

Operation of Northwest Georgia Girl's Home in Dalton

$

Repairs and equipment for the Danville Police Department $

Purchase computer equipment for McIntosh County

Sheriffs' Department in Darien

$

Repairs to Fort King George Quarters Barrack in Darien

$

Install central air and heating at Carnegie Library in Dawson $

Renovation of downtown building by Dawson Downtown

Development Authority

$

Operation of the Center for Applied Nursery Research in the

City of Dearing

$

Repair of sidewalk in City of Decatur

$

Design and construction for DeKalb County Children's

Shelter for two therapeutic group homes

$

Purchase right-of-way and design for intersection of

Briarcliff and LaVista in DeKalb County

$

Construct a service center at Senior Connections in DeKalb

County

$

Make improvements to the Briarwood Recreation Center

and grounds in DeKalb County

$

Renovation of classroom at Cedar Grove Middle School for

DeKalb Environmental Education Center

$

Construct storm water flood protection at Zonolite

Drive Industrial Park in DeKalb County

$

Beautification of DeKalb communities

$

Repair and purchase of band instruments for

Towers and Columbia High Schools in DeKalb County

$

Operation of DeKalb elementary schools honors programs $

Operation of the Senior Connection in DeKalb County

$

Develop master plan for Dresden Park in DeKalb County $

Operation of Scottdale Child Development & Family

Resources Center of Central DeKalb

$

Stone Mountain Middle School for purchase of marquee in

DeKalb County

$

Improvements to Gresham Park Baseball and Softball

Association field and Senior Center in South DeKalb

$

Purchase materials for Word Up Reading Program

at Kelley Lake Elementary School in DeKalb County

$

Operate Changed Living Recovery Residence, Inc. in

DeKalb County

$

Operate Youth Vision Industry Business Empowerment, Inc. $

Operate the Soar to Success Reading Program at

Flat Shoals Elementary School in DeKalb County

$

Purchase educational materials for Gresham Park

50,000
6,750,000 10,000 15,000 10,000
10,000 100,000
20,000 25,000 50,000
5,000 25,000 30,000
50,000
20,000 12,000
38,000
10,000
25,000
10,000
10,000
25,000 10,000
12,000 13,000
2,000 20,000
20,000
5,000
25,000
10,000
25,000 40,000
5,000

Board of Education
DeKalb County DeKalb County Board of Education DeKalb County
DeKalb County
DeKalb County DeKalb County
DeKalb County
DeKalb County
DeKalb County DeKalb County Board of Education DeKalb County Board of Education DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County DeKalb County
DeKalb County DeKalb County
DeKalb County
DeKalb County
DeKalb County DeKalb County
DeKalb County
DeKalb County DeKalb County City of Dexter City of Dillard Dodge County
Dodge County
City of Donaldsville
Dooly County Dougherty County

Thursday, February 24, 2000

747

Elementary after school and tutorials programs in DeKalb

County

$

Beautification projects in DeKalb County

$

Beautification project at Glenhaven Elementary in DeKalb

County

$

Contract for services from Operation Dignity in DeKalb

County

$

Operation of neighborhood after school programs in DeKalb

County

$

Purchase school supplies for Decatur Arts Academy

$

Purchase of equipment and supplies for DeKalb County

Sheriff Reserve

$

Clarkston Community Center Foundation for Old

Clarkston High renovations in DeKalb County

$

Study and planning for War Between the States campsites in

DeKalb County

$

Purchase and plant trees in DeKalb County

$

Purchase and install electric sign at Toney Elementary

School in DeKalb County

$

Operation of Forrest Hills Elementary School for

Accelerated Reading Program in DeKalb County

$

Operation of Columbia Community Connection's

Father to Father Men's services program in DeKalb County $

Operation of Georgia Strike Out Stroke Committee in

DeKalb County

$

Wilshire Condo Association-security lighting, replace street

signs and playground improvements in DeKalb County

$

Wade-Walker Park - repairs and operations in DeKalb

County

$

Operation of Positive Growth, Inc. in DeKalb County

$

Operation of Scottdale Community Planning Council

Transitional Home for Women & Girls in DeKalb County $

Operation of Scottdale Senior Citizen Center in DeKalb

$

Operation of South DeKalb Community Development

Corporation

$

Operation of The Legacy Program in DeKalb County

for the Decatur Chapter of 100 Black Women, Inc.

$

Make improvements to and purchase program

equipment and materials for Mark Trail Recreation Center $

Operation of mentoring programs in DeKalb County

$

Operation of William T. White Family Resource Center in

DeKalb County

$

Operation of Southeast YMCA after school program in

DeKalb County

$

Operation of Safe Haven program in DeKalb County

$

Operation of the Legacy Program in DeKalb County

$

Upgrade of technology in Dexter

$

Renovation of school building in Dillard

$

Improvements to facilities at Eastman/Dodge County

Recreation Department

$

Operating funds for Eastman Dodge County Development

Authority

$

Purchase equipment for the Donaldsville City Fire

Department

$

Purchase/install elevator at the Dooly County Courthouse $

Operating funds for River Road, Inc d/b/a SAFEC-

10,000 10,000
5,000
15,000
15,000 2,000
2,000
25,000
75,000 25,000
6,000
8,000
7,500
7,500
10,000
30,000 25,000
75,000 25,000
10,000
50,000
25,000 40,000
35,000
25,000 50,000 10,000 15,000 35,000
5,000
25,000
10,000 100,000

748
Dougherty County
Dougherty County
Dougherty County
Dougherty County Douglas County Douglas County
Douglas County Board of Education
Douglas County Board of Education City of Douglas City of Douglas
City of Dublin City of Dublin City of Dudley City of Duluth City of East Dublin City of East Point
City of East Point
City of Eastman Echols County Effingham County Board of Education Effingham County City of Doerun Effingham County
Elbert County Elbert County Elbert County
Elbert County
Emanuel County Emanuel County Board of Education Emanuel County
Emanuel County Emanuel County City of Emerson City of Enigma
City of Euharlee Fannin County Fannin County City of Fargo

JOURNAL OF THE SENATE

(South Albany Family Enrichment Collaborative) in

Dougherty County

$

Operating funds for Dougherty County Community

Coalition

$

Renovation of Cotton Hall Cultural Center in Dougherty

County

$

Provide for a feasibility study for Dougherty County

recreation facility

$

Promote Flint River Tourism in Dougherty County

$

Operation of Lithia Springs Library in Douglas County

$

Purchase equipment for Lithia Springs Library in Douglas

County

$

Equipment for integrated info systems technology

lab at Lithia Springs High School in Douglas County

$

Purchase equipment for Lithia Springs High School in

Douglas County

$

Purchase HAZMAT Trailer for Douglas Fire Department $

Renovation and concession stand for Wheeler Park in

Douglas

$

Monument to public safety officers in Dublin

$

Relocate utilities for road improvements in Dublin

$

Water and sewer upgrades for Dudley Elementary School $

Construct a community center for Taylor Park in Duluth

$

Relocate water and sewers in East Dublin

$

Transportation for therapeutic recreation program

participants in East Point

$

Operation of project to identify behavioral problems in East

Point

$

Operating funds for Magnolia Theater in Eastman

$

Renovate recreation building in Statenville, Echols County $

Renovation of Old Ebenezer One-Room School in

Effingham County

$

Improve Jaycee Park in Rincon, Effingham County

$

Upgrade and maintenance at recreation facility in Doerun $

Purchase fire fighting equipment for Sand Hill Fire

Department in Effingham County

$

Elbert County Airport improvements

$

Renovate Elberton Arts Theater in Elbert County

$

Construct facilities at William Recreation Park in Elbert

County

$

Replace worn out band instruments - Elbert County High

School

$

Purchase equipment for Emanuel County Library

$

Purchase band uniforms for Emanuel County Institute Band $

Operation of the East Georgia Health Cooperative in

Emanuel County

$

Repairs/renovation of Emanuel County Arts Council facility $

Operating funds for Emanuel County

$

Improvements to recreation facility in the City of Emerson $

Purchase fire fighting equipment for volunteer fire

department in City of Enigma

$

Operation of recreation facility in the City of Euharlee

$

Renovation and repair of Fannin County Courthouse

$

Renovation of the Epworth Community Center

$

Partial re-roofing and renovation of school building in Fargo $

10,000
25,000
10,000
90,000 150,000
25,000
5,000
25,000
10,000 5,000
5,000 10,000 10,000 15,000 60,000 15,000
50,000
30,000 10,000 40,000
10,000 8,000
10,000
10,000 32,000 25,000
50,000
3,000 10,000 10,000
75,000 15,000 38,000 15,000
7,500 15,000
5,000 10,000 20,000

City of Fargo Fayette County Board of Education City of Fitzgerald
Floyd County Board of Education Floyd County Board of Education City of Folkston City of Ft. Gaines City of Fort Oglethorpe
City of Fort Valley
City of Fort Valley
Franklin County
Franklin County City of Franklin Springs
Fulton County Fulton County
Fulton County
Fulton County Board of Education Fulton County
Fulton County Fulton County Fulton County
Fulton County
Fulton County Board of Education Fulton County Fulton County
Fulton County Fulton County
Fulton County Fulton County
Fulton County
City of Funston
City of Gainesville
City of Gainesville

Thursday, February 24, 2000

749

Renovate Old Fargo Elementary School building

$

Purchase security fence for playground Kedron Elementary

in Fayette County

$

Construct an American Legion Memorial in City of

Fitzgerald

$

Operate Children Helping Children in elementary schools of

Rome, Floyd County

$

Purchase band uniforms for Pepperell High School in Floyd

County

$

Promotion of tourism in Folkston

$

Renovation of senior citizen building in Fort Gaines

$

Purchase fire department equipment and downtown

development in Fort Oglethorpe

$

Purchase of new streetlights for downtown area in Fort

Valley

$

Repair roof for theater project at the Fort Valley Downtown

Development Authority

$

Purchase equipment for Gumlog Volunteer Fire Department

in Franklin County

$

Construction of county recreation park in Franklin County $

Emergency repair to city water/sewer system in Franklin

Springs

$

Operating funds for Atlanta Fulton Action Agency

$

Operation of the Council on Minority Health and Education

of Metropolitan Atlanta, Inc

$

Renovation and purchase of equipment for Autry

Mill Nature Preserve in Fulton County

$

Purchase novel sets for Centennial High School in Fulton

County

$

Operation of the Promise Children's Home, Inc. in Fulton

County

$

Operation of A.U.D.I.E.N.C.E. in Fulton County

$

Operation of Kidsgym USA, Inc. in Fulton County

$

Operate Project Prevent through Emory University in Fulton

County

$

Operate My House emergency shelter through Emory

University in Fulton County

$

Construction and equip an arboretum outdoor

classroom at Dolvin Elementary in Fulton County

$

Operating funds for Atlanta Fulton Action Agency

$

Restoration and repairs to Williams-Payne Museum building

in Fulton County

$

Operating funds for the Southwest Hospital in Fulton County $

St. Paul's Golden Age Center-for equipment,

operations and staff training in Fulton County

$

Operation of the Carrie Steele-Pitts Home in Fulton County $

Renovations to the Southwest Community Hospital

to make ADA compliant in Fulton County

$

Operation of Georgia Coalition of Black Women internship

in Fulton

$

Purchase office equipment and computers for City of

Funston

$

Purchase, plan and develop neighborhood park in

Gainesville

$

Purchase playground equipment for south side community in

Gainesville

$

100,000
20,000
10,000 25,000
25,000 2,500
10,000 10,000
50,000
10,000 10,000 15,000 15,000 30,000 50,000
5,000
10,000 20,000 75,000 50,000
25,000 25,000
20,000 50,000
40,000 100,000
25,000 25,000
50,000
30,000 5,000
40,000
10,000

750
City of Garden City Georgia Mountain RDC
Georgia Mountain RDC
City of Gibson
Gilmer County Glascock County Glascock County City of Glennville
Glynn County
Glynn County
Glynn County Board of Education Glynn County
Grady County
City of Gray Greene County
Greene County
Greene County Greene County
City of Grovetown City of Guyton City of Guyton Gwinnett County Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Gwinnett County
Gwinnett County Board of Education Gwinnett County Board of Education
Gwinnett County Board of Education Gwinnett County
Gwinnett County

JOURNAL OF THE SENATE

Renovate gym to multipurpose center in Garden City

$

Operation of Boys and Girls Clubs in Georgia Mountain

RDC

$

Construct a teaching facility for Elachee Nature Science

Center for Georgia Mountain RDC

$

Purchase of computer and software for the Gibson Police

Department

$

Purchase a Class A fire truck for Gilmer County

$

Construction of an auxiliary fire station in Glascock County $

Purchase a police car for the Glascock Sheriff Department $

Glennville Recreation Department -construct storage

facility addition and purchase playground equipment

$

Improvements and repairs to Epworth and Thalmann Parks

in Glynn County

$

Renovate and purchase computer equipment for St.

Simons Island Library in Glynn County

$

Purchase air conditioning at the Glynn Academy High

School

$

Operation of the Speech, Hearing and Rehabilitation of

Coastal Georgia, Inc. in Glynn County

$

Show barn and livestock facility improvements in Grady

County

$

Rebuild and repaint fire equipment for Gray Fire Department $

Restoration of the historic Dr. Calvin M. Baber House in

Greene County

$

Restoration of historic Greensboro Gymnasium in Greene

County

$

Repair and recarpet the Greene County Library

$

Purchase land to develop a recreation complex in Greene

County

$

Renovation of Grovetown Community Center

$

Purchase trailer mounted aerial lift in Guyton

$

Purchase playground equipment for City of Guyton

$

Construct a stadium facility at South Gwinnett High School $

Stadium renovation for South Gwinnett High School

$

Purchase equipment for Berkmar Diamond Booster

Club at Berkmar High School in Gwinnett County

$

Improvements to athletic facilities at Shiloh High School in

Gwinnett County

$

Restoration of 1890 school house in Gwinnett County

$

Norcross High School trip to Washington DC (Gwinnett

County)

$

Purchase educational materials and equipment for

Rockbridge Elementary in Gwinnett County Schools

$

Playground repair, enhancement and equipment

and math intervention program materials for Nesbit

Elementary School in Gwinnett County

$

Travel expenses for Norcross High School Band in Gwinnett

County

$

Install lighting, renovate concessions and other

improvements to the Lilburn/Greater Gwinnett Athletic

Association/Lions Club Park

$

Construct football stadium at Collins Hill High School in

10,000 10,000
5,000 7,500 10,000 10,000 10,000 10,000 20,000 20,000 25,000 25,000 25,000 15,000 2,500 7,500 20,000 30,000 5,000 10,000 10,000 75,000 15,000
25,000 25,000 25,000
20,000 25,000
25,000 10,000
25,000

Board of Education Gwinnett County
Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Hall County Board of Education Hall County
Board of Education Hall County
Hall County City of Hampton City of Hapeville Haralson County Haralson County City of Harrison Hart County Board of Education City of Hawkinsville
City of Hawkinsville
Heard County Heard County Board of Education Heard County
Heard County
City of Hiawassee Henry County Henry County
Henry County Board of Education
Henry County Board of Education City of Hoboken City of Hogansville
City of Homeland
Houston County Houston County Board of Education Irwin County Irwin County
Irwin County Board of Education Irwin County Board of Education

Thursday, February 24, 2000

751

Gwinnett County

$

Renovate football stadium at Dacula High School

$

Purchase and install lights at Dacula High School baseball

field

$

Improvements to fields and equipment at Berkmar High

School in Gwinnett County

$

Improvements to athletic field at Johnson High School in

Hall County

$

Construct an awning to bus loading area at Flowery

Branch Elementary School in Hall County

$

Develop nature preserve programs at Elachee Nature

Science Center

$

Salvation Army Camp

$

Renovation of Hampton City Hall

$

Renovations to Hapeville city pool

$

Operating expenses for Haralson County Schools

$

Operating expenses for Blooming Grove Fire Department $

Completion of a park in City of Harrison

$

Hart County High School - renovation and

construction at recreation complex

$

Maintenance and operation of M.E. Roden Memorial

Library in Hawkinsville

$

Feasibility study for river front improvements in City of

Hawkinsville

$

Construct a solid waste convenience center in Heard County $

Purchase field lights for baseball field at Heard County High

School

$

Purchase lights for Riverside Park in Franklin and

create a new ballpark and playground

$

Provide water and electricity to Brush Creek Park in Heard

County

$

Renovate and roof historic Hiawassee City Hall

$

Purchase cameras for the Henry County Police Department $

Build entrance, drainage and practice fields-

Moseley Park, Stockbridge in Henry County

$

Purchase/install lighting system for women's

softball field at Eagles Landing High School in

Henry County

$

Purchase/install lighting system for women's

softball field at Henry County High School

$

Construct a veterans memorial in Hoboken

$

Purchase/construct sanitary sewage pump station in

Hogansville

$

Operating expenses and equipment for the Homeland Police

Department

$

Operating funds for the Houston County Arts Alliance

$

Purchase equipment for vocation lab in Houston County

schools

$

Repair and renovation work to Irwin County Courthouse $

Repair and restoration of monument on courthouse square in

Irwin County

$

Purchase of equipment for Irwin County High Marching

Band

$

Purchase band uniforms for Irwin County High School

$

40,000 50,000
35,000
50,000
20,000
10,000
10,000 5,000
10,000 50,000 50,000 15,000 25,000
15,000
10,000
50,000 50,000
15,000
15,000
10,000 25,000 45,000
10,000
10,000
10,000 5,000
75,000
2,500 25,000
15,000 15,000
5,000
5,000 20,000

752
Jackson County City of Jacksonville Jasper County Jeff Davis County
Jeff Davis County Board of Education City of Jefferson Jefferson County
Jefferson County Jenkins County
Jenkins County Jenkins County City of Jesup Johnson County Board of Education Johnson County
Johnson County
Johnson County Board of Education Jones County City of Kennesaw
City of Keysville
City of Kingston City of Kingsland
City of Kite City of LaFayette
Lake City Lamar County
Lamar County
Lanier County Board of Education Laurens County Board of Education Laurens County City of Lavonia Lee County Lee County
Lee County Board of Education
Lee County
Liberty County
Liberty County

JOURNAL OF THE SENATE

Construct a horticultural building in Jackson County

$

Operating funds for Jacksonville Fire Department

$

Improvements to Rose Bowl Field for Jasper County

$

Operating funds for the recreation facility in Jeff Davis

County

$

Purchase high school ball field lights in Jeff Davis County

Schools

$

Construction of the City of Jefferson Fire Station

$

Purchase equipment for Jefferson County Sheriff

Department

$

Completion of park project in Jefferson County

$

Jenkins County Development Authority- renovate train

depot in Millen

$

Construct addition to Agriculture Center in Jenkins County $

Repairs to depot/museum chamber office in Jenkins County $

Senior Citizen facility repairs in Jesup

$

Construct multi-purpose facility in Johnson County Schools $

Repair pumper truck and equipment for the Scott

Volunteer Fire Department in Johnson County

$

Purchase well, pump and equipment for the

Buckeye Volunteer Fire Department in Johnson County

$

Construct multi-purpose facility for Johnson County schools $

Operation of Boys and Girls Clubs in Jones County

$

Expansion and renovation of facility at Kennesaw Civil War

Museum

$

Complete the construction of the Keysville Human

Development Center

$

Sewage project in City of Kingston

$

Construct/operate animal control shelter in City of

Kingsland

$

Renovation and repair of community center in City of Kite $

Purchase police vehicle cameras for LaFayette Police

Department

$

Improvements to park in Lake City

$

Equipment and improvements for Redbone

Volunteer Fire Department in Lamar County

$

Lamar County Agricultural Authority- Construct a show

facility

$

Construct press box and dressing room for football

stadium in Lanier County

$

Planning for joint school auditorium in Laurens County

$

Operating funds for Cedar Grove

$

Development of city park and playing field in Lavonia

$

Install lighting at Lee County Dixie Youth Baseball fields $

Provide and improve lights at Lee County Pee Wee and

Pony League Fields

$

Improvements to irrigation system on athletic fields

at Lee County Schools

$

Promote economic development at Lake Blackshear in Lee

County

$

Fleming Volunteer Fire Department equipment purchase in

Liberty County

$

Purchase equipment for Walthourville Fire Department in

18,000 5,000
10,000
10,000
50,000 10,000
20,000 50,000
20,000 5,000 5,000
10,000 25,000
2,500
2,500 25,000
10,000
25,000
35,750 31,000
25,000 5,000
25,000 10,000
5,000
50,000
25,000 10,000
10,000 15,000 16,000
40,000
25,000
40,000
5,000

Liberty County Board of Education Liberty County
Liberty County
Liberty County
City of Lilburn
Lincoln County
Lincoln County
Lincoln County
City of Locust Grove Lowndes County Lowndes County Board of Education Lowndes County
Lowndes County
Lowndes County
Long County City of Ludowici Lumpkin County
City of Lyons
City of Lyons City of Macon
City of Macon Macon County City of Macon City of Macon Madison County
Board of Education City of Madison City of Manchester
City of Manchester
City of Marietta City of Marietta
City of Marietta City of Marietta Board of Education Marion County Board of Education

Thursday, February 24, 2000

753

Liberty County

$

Repair and renovation at alternative

school/psycho-ed center in Hinesville, Liberty County

$

Operation of the Alzheimer respite care facility in Liberty

County

$

Purchase medical supplies for Coastal Medical Clinic in

Liberty County

$

Install water and restrooms at Seabrook Village Foundation

in Liberty County

$

Renovation and equipment Greater Gwinnett Athletic

Association Lions Club Park in Lilburn

$

Purchase pagers and light turnout gear for Lincoln County

Rescue

$

Purchase equipment for Midway Volunteer Fire Department

in Lincoln County

$

Purchase equipment for Lincoln County Office of

Emergency Services

$

Purchase investigative equipment for police department

and recreation improvements for City of Locust Grove

$

Construct North Lowndes County Fire Station

$

Renovate tennis courts at Lowndes County High

School

$

Pave drive and parking area of Boys and Girls Club of

Valdosta in Lowndes County

$

Building and design funds for Regional Fire

Training Center facility in Lowndes County

$

Construct a facility at Southside Community Center in

Lowndes County

$

Operating expenses for Long County

$

Police and fire departments upgrades in Ludowici

$

Purchase fencing and lighting for public swimming

pool in City of Dahlonega, Lumpkin County

$

Recreation Department to retire outstanding debt

on community center in City of Lyons

$

Operation of the recreation department in Lyons

$

Purchase Police Athletic League equipment in City

of Macon

$

Purchase/construct a recreation/sports facility in Macon

$

Increase seating capacity in Macon County school stadium $

Operate the Douglas Theater in the City of Macon

$

Operation of the Tubman Museum in Macon

$

Construct multipurpose recreation park for

Madison County Board of Education

$

Operation of the Madison Cultural Center

$

Purchase/install street lights for community building in

Manchester

$

Transfer/removal of overhead power lines in downtown

Manchester County

$

Operation of the Wellstar Hospice Program in Cobb County $

Repair of pre-Civil War cannon through the Marietta

Museum of History

$

Operating funds for the Marietta Museum of History

$

Playground enhancements at five elementary schools

in Marietta

$

Construct track at football field for Marion County

Schools

$

10,000
25,000
25,000
17,000
20,000
15,000
5,000
5,000
10,000
9,000 25,000
25,000
15,000
10,000
65,000 150,000
10,000
5,000
20,000 5,000
15,000 45,000 100,000 100,000 25,000
25,000 2,000
40,000
50,000 50,000
10,000 15,000
25,000
30,000

754
City of McCaysville City of McCaysville City of McCaysville City of McCaysville McDuffie County Board of Education McDuffie County
Board of Education McDuffie County
Board of Education McIntosh County City of McRae
Meriwether County Board of Education Meriwether County
City of Metter City of Milledgeville City of Millen
Miller County City of Milner Mitchell County
Monroe County
Monroe County
Monroe County City of Montezuma City of Monticello
City of Morrow City of Moultrie City of Moultrie
City of Mt. Vernon City of Mountain City City of Mountain Park Murray County
Murray County City of Nahunta City of Nashville City of Newnan Newton County Board of Education Newton County
Northeast Georgia RDC
Oconee County Board of Education
City of Odum City of Odum

JOURNAL OF THE SENATE

Build and furnish public restrooms in McCaysville

$

Renovate city park in McCaysville

$

Study downtown parking in McCaysville

$

Furnish new City Hall in McCaysville

$

Restoration of Bowden-Johnson Home McDuffie

County Historical Society

$

Purchase equipment for new band facility for the

Thomson High School Band

$

Purchase computer hardware, software and cable

for the Thomson High School band room

$

Construct multi-purpose facility in McIntosh County

$

Operating funds for McRae/Helena South Georgia

Auditorium

$

Operating funds for the recreation facility at

Greenville High School in Meriwether County

$

Construct solid waste compactor/convenience center in

Meriwether

$

Purchase emergency generators for the City of Metter

$

Operation of the Milledgeville Local Welcome Center

$

Correct water drainage problem at recreation complex in

Millen

$

Construct fire station #4 in Miller County

$

Renovate, enhance and equip City Park of Milner

$

Operating funds and equipment for volunteer fire

departments in Mitchell County

$

Construction of bleachers for Monroe County

Horse/Livestock Arena

$

Construction of a building at multi-purpose field in Monroe

County

$

Construction of dugouts at softball fields in Monroe County $

Provide downtown parking spaces for City of Montezuma $

Municipal park construction/improvements at Funderburg

Park in Monticello

$

Improvements to park in City of Morrow

$

Repair facilities in the City of Moultrie

$

Upgrade kitchen facilities at SOWEGA Community Action

Council

$

Construct park in City of Mt. Vernon

$

Construct sewer extension in Mountain City

$

Engineering study on Garrett Lake in City of Mountain Park $

Purchase walk-in refrigerator and freezer for Senior Citizen

Center

$

Grounds work at the Chief Van House in Murray County $

Construction of fire department building in Nahunta

$

Construct a walking track in Nashville

$

Operating funds for Achievers International in Newnan

$

Purchase and install lights for football practice field

for Newton High School

$

Purchase cameras for the Newton County Sheriffs

Department

$

Economic development along US 441 in the Northeast

Georgia RDC region

$

Operation of the Agriscience facility at Oconee

$

County High School

Purchase equipment storage facility in Odum

$

Repairs to City Hall and Fire Department in Odum

$

10,000 10,000 10,000 10,000
10,000
10,000
6,500 35,000
10,000
25,000
75,000 15,000 10,000
5,000 15,000 10,000
25,000
20,000
10,000 25,000 45,000
15,000 15,000 20,000
20,000 5,000
25,000 25,000
10,000 10,000
5,000 10,000 20,000
45,000
30,000
50,000 10,000
5,000 5,000

City of Offerman
Oglethorpe County
City of Patterson
Paulding County Board of Education Peach County Peach County Peach County City of Pearson City of Pelham
City of Perry
Pierce County
Pierce County
Pierce County Pierce County
Pierce County
City of Pinehurst City of Plainville City of Port Wentworth City of Portal City of Poulan Pulaski County Putnam County
Putnam County Quitman County
Board of Education Quitman County
Quitman County Board of Education Quitman County
Quitman County Rabun County
Rabun County Rabun County Rabun County Randolph County
Randolph County Town of Rebecca City of Reidsville City of Remerton City of Remerton Richmond County

Thursday, February 24, 2000

755

Purchase truck for Offerman/Big Creek Volunteer Fire

Department

$

Bryan Park- Purchase of playground equipment and site

construction in Oglethorpe County

$

Operating funds for Heritage Fund to establish and

promote historical sites in Patterson

$

Operation of Paulding County Board of Education

recreation facility

$

Develop countywide water/sewer system in Peach County $

Refurbish courthouse faade in Peach County

$

Refurbish courthouse faade in Peach County

$

Purchase of mulchers for City of Pearson

$

Upgrade and install lighting at two sports complexes in

Pelham

$

Purchase land for the Genesis House for the Homeless

Center in Perry

$

Operating funds for Pierce County Lee Street Resource

Center

$

Improvements to Lakeview Community Center in Pierce

County

$

Operating expenses for Pierce County

$

Purchase computer equipment for the Pierce County

Chamber of Commerce

$

Renovate building to use as a resource center and meeting

facility at the Pierce County Consolidated Men's Club

$

Construction of utility maintenance barn in Pinehurst

$

Equipment for City of Plainville Fire Department

$

Construct recreational facilities in Port Wentworth

$

Purchase trash truck for City of Portal

$

Purchase truck for trash removal in Poulan

$

Consolidate city/county governments in Pulaski County

$

Purchase/install lights for ballpark at Jimmy Davis facility in

Putnam County

$

Purchase van for Uncle Remus Regional Library system

$

Restoration to the Kaigler Training School Building

in Georgetown for the Quitman Board of Education

$

Feasibility study for Bio Conversion Plant in Quitman

County

$

Renovation of building for pre-K and headstart

programs in Quitman County

$

Renovation of doctor's office at the Stewart/Webster Rural

Clinic in Quitman County

$

Feasibility study for Quitman Welcome Center

$

Purchase equipment for Rabun County Volunteer Fire

Department

$

Operate Fight Abuse in the Home in Rabun County

$

Purchase of fireboat at Lake Seed in Rabun County

$

Purchase rescue equipment in Rabun County

$

Correct erosion problems for the Flint River Girl

Scout Council Camp in Randolph County

$

Feasibility study for an airport in Randolph County

$

Purchase fire station and equipment for City of Rebecca

$

Construct shelter for playground at Reidsville Headstart

$

Renovation of downtown area in City of Remerton

$

Purchase police equipment for City of Remerton

$

Repair roof on the Imperial Theater in Richmond County $

5,000
20,000
5,000
25,000 50,000 25,000 25,000
5,000
25,000
25,000
25,000
25,000 50,000
5,000
10,000 25,000 10,000 25,000 10,000 10,000 25,000
25,000 8,000
55,000
5,000
10,000
25,000 25,000
5,000 10,000 10,000 15,000
15,000 20,000 10,000
5,000 75,000 20,000 50,000

756
Richmond County
Richmond County
Richmond County Richmond County Richmond County Board of Education Richmond County Board of Education Richmond County Consolidated Government Richmond County Richmond County
Richmond County Board of Education
Richmond County Richmond County
Richmond County Richmond County
Richmond County
Richmond County Richmond County
Richmond County
Richmond County Richmond County
Richmond County
Richmond County
Richmond County Richmond County
Richmond County
Richmond County
Richmond County Richmond County City of Riverdale

JOURNAL OF THE SENATE

Technology improvements for State Court Solicitors Office

in Richmond County

$

Establish museum at Augusta Cotton Exchange

through the Augusta/Richmond Museum in Richmond

County

$

Operation of Augusta Easter Seals in Richmond County

$

Training for the Richmond County Marshals Department $

Technology improvements CSRA Law Enforcement

Training Academy in Richmond County Schools

$

Purchase locker locks, new fence for baseball field

and landscaping at Westside High School in Richmond

County

$

Purchase of the final tract of land adjacent to

Ezekiel Harris House in Richmond County

$

Purchase equipment for Richmond County Boxing Club

$

Operation of Hope House for Women in Richmond

County

$

Purchase equipment for new facility at the

Davidson School of Fine Arts in Richmond County

$

Operation of the Golden Harvest Food Bank

$

Operating funds for AKA's historical program

in Richmond County

$

Operating funds for Summerville Arts Factory

summer enrichment program in Richmond County

$

Operating funds for Southside tutorial after school program

in Richmond County

$

Operating funds for Imperial Arts Theater in Richmond

County

$

Operating funds for the Augusta Ballet in Richmond

County

$

Operating funds for Macedonia Connection

tutorial program in Richmond County

$

Operating funds for Tremount Summer Enrichment

Program for youth in Richmond County

$

Operating funds for the historical preservation of

the Delta House in Richmond County

$

Operating funds for children's program at Lucy

Laney High School in Richmond County

$

Operating funds for Jack & Jill Outreach Program

for disadvantage youth/foster children in

Richmond County

$

Operating funds for CSRA Economic

Opportunity Authority in Richmond County

$

Operating funds for Delta Leadership Training

Program for mentoring in Richmond County

$

Operating funds for Augusta Task Force for

the Homeless in Richmond County

$

Operating funds for Beulah Grove Community

Resource Center for outreach program and

food shelter in Richmond County

$

Operating funds for the Augusta Symphony

in Richmond County

$

Operation of the CSRA Transitional Center in Richmond

County

$

River Race Funding in Richmond County

$

Improvement funds for city park in Riverdale

$

5,000
40,000 10,000 10,000
5,000
15,000 50,000 15,000 15,000 50,000 20,000 10,000
5,000 40,000 10,000 25,000
8,000 7,000 15,000 25,000
10,000 5,000
20,000 5,000
15,000 10,000 40,000 25,000 10,000

City of Rochelle City of Rockmart Rockdale County
City of Rockmart City of Rome City of Rome City of Sale City City of Savannah City of Savannah
City of Savannah
City of Savannah
City of Savannah City of Savannah City of Savannah
City of Screven
Screven County City of Screven Seminole County
Seminole County
City of Smyrna
City of Social Circle City of Soperton Spalding County
Board of Education City of Sparks City of Springfield
City of St. George City of St. Marys Stephens County
Stephens County
Stephens County
City of Stone Mountain City of Stone Mountain City of Summertown Sumter County
City of Swainsboro City of Sycamore
City of Sylvania Talbot County

Thursday, February 24, 2000

757

Expand Rochelle City Hall

$

Equipment for the Rockmart Fire Department

$

Purchase equipment for the Rockdale County

Fire Department

$

Operation of recreation facility in the City of Rockmart

$

Operation of Camp Good Times

$

Purchase sprinkler system for Rome History Museum

$

Improvements to local recreation complex in Sale City

$

Preservation of W.W. Law Community Center in Savannah $

Operating expenses for the Savannah Midtown Community

Center

$

Procurement of Archive and Library for

memorabilia of Ralph Mark Gilbert in Savannah

$

Promote tourism and development in the City

of Savannah

$

Operation of Project Success in Savannah

$

Retire debt on EOA Austin House Center in Savannah

$

Purchase of building for Cultural Affairs Commission in

Savannah

$

Improvements to the water tower electronics board

in City of Screven

$

Renovation of Screven County Agricultural Center

$

Community Center repairs in City of Screven

$

Pave parking lot of Senior Citizens Center

in Seminole County

$

Purchase equipment for volunteer rescue squads

in Seminole County

$

Restoration/preservation of markers and headstones at

Smyrna Memorial Cemetery

$

Construction of city park and parking area in Social Circle $

Operation of recreation facility in the City of Soperton

$

Operation of a program to reduce high school

drop-out rates in the Spalding Board of Education

$

Purchase equipment for Sparks Police Department

$

Match downtown improvement grants in City

of Springfield

$

Purchase a fire brush truck for the City of St. George

$

Renovation of Waterfront Theater in St. Mary's

$

Purchase equipment for Tates Creek VFD and

renovate Carnes Creek VFD facilities in Stephens County $

Install roof and renovate Toccoa-Stephens County Historical

Society

$

Purchase field fencing for Toccoa Little League in Stephens

County

$

Operating expenses for ART Station in Stone Mountain

$

ART Station renovation/repair in Stone Mountain

$

Renovation and repair of community center in Summertown $

Purchase/install outfield fences and related

improvements at Little League field for Sumter County

Board of Commissioners

$

Purchase of computer equipment for City of Swainsboro

$

Purchase recreation and playground equipment for new park

in Sycamore

$

Purchase playground equipment for City of Sylvania

$

Improvements to Central High School football stadium in

Talbot County

$

5,000 5,600
30,000 30,000 25,000 25,000
5,000 10,000
10,000
5,000
8,955,000 25,000 25,000
10,000
5,000 50,000 10,000
7,300
10,000
20,000 50,000 10,000
50,000 10,000
5,000 48,000 25,000
20,000
4,000
10,000 25,000 50,000
5,000
50,000 10,000
10,000 25,000
65,000

758
Taliaferro County
City of Tallapoosa Tattnall County
Board of Education Tattnall County Board of Education Tattnall County Board of Education Tattnall County
Tattnall County Tattnall County Board of Education Taylor County Telfair County Telfair County
Telfair County Board of Education
Terrell County Thomas County
Board of Education Thomas County
Board of Education Town of Thunderbolt Town of Thunderbolt
Tift County Board of Education City of Tifton
Toombs County
City of Toomsboro Treutlen County
Turner County
City of Tybee Island City of Tyrone City of Tyrone
City of Tyrone City of TyTy City of Unadilla Uncle Remus Regional Library System Union County Union County
City of Vidalia City of Vidalia
City of Vidalia

JOURNAL OF THE SENATE

Taliaferro County Volunteer Fire Department purchase

rescue equipment

$

Operating expenses for Tallapoosa recreation facility

$

Operation of the STARR Program in Tattnall County

Schools

$

Purchase band uniforms and instruments in Tattnall

County Schools

$

Instructor for Tattnall County STAR program

$

Purchase echo-cardiogram unit for Tattnall

Memorial Hospital

$

Operation of Tattnall Memorial Hospital

$

Sidewalks from band room to football field in

Tattnall County Schools

$

Purchase property for a parking lot in Taylor County

$

Operating funds for Telfair County

$

Operating funds for Horse Creek Volunteer Fire Department

in Telfair County

$

Pave parking lot and other improvements at Telfair

County High School

$

Repair to clock and steeple at courthouse in Terrell County $

Refurbish track at Thomasville High School

$

Replace carpet in Central High School Gym in

Thomas County

$

Purchase playground equipment for Honey Park,

River Drive Park and Nellie Johnson Park in Thunderbolt $

Purchase equipment for fire vehicles and volunteer

firefighters in Thunderbolt

$

Purchase band uniforms for Tift County Band

$

Equipment for communications center for City of Tifton Fire

Department

$

Construct restrooms for community center at Cedar Crossing

Area in Toombs County

$

Equip and repair fire truck in Toomsboro

$

Operation and repair of the Treutlen Welcome Center

on I-16

$

Construct horse competition and rodeo arena in Turner

County

$

Tybee Island Lighthouse restoration

$

Construct a sidewalk/path in the City of Tyrone

$

Construct a concession/restroom facility at the

Redwine Community Park in the City of Tyrone

$

Operation of the Tyrone Library

$

Improvement of recreation areas in TyTy

$

Purchase of jet sewer machine for City of Unadilla

$

Purchase van for Uncle Remus Regional Library

System

$

Purchase equipment for Union County Hospital

$

Construct a recreation facility for Union County

Parks and Recreation

$

Operation of the recreation department in Vidalia

$

Replace playground equipment and renovate Ganelle Davis

Park facility in Vidalia

$

Operation of the Vidalia Boys and Girls Club

$

10,000 15,000
10,000
10,000 10,000
50,000 100,000
5,000 40,000 10,000
5,000
25,000 15,000 15,000
15,000
5,000
10,000 10,000
20,000
5,000 10,000
10,000
10,000 75,000 40,000
40,000 20,000
5,000 25,000
17,500 248,000
10,000 5,000
30,000 5,000

Walker County
Walton County Board of Education Walton County Board of Education Ware County Ware County Board of Education City of Warner Robins
City of Warner Robins
City of Warner Robins
Warren County Warren County Warren County City of Warrenton City of Warrenton
City of Warwick Washington County
City of Waycross Wayne County Board of Education Wayne County
City of Waynesboro
Webster County Board of Education
Webster County Wheeler County
City of Whigham City of Whigham Whitfield County
White County
White County
White County Board of Education
Wilcox County Wilcox County Wilcox County Wilcox County
Wilcox County
Wilcox County

Thursday, February 24, 2000

759

Construct a multi-purpose building at Walker County

West Armuchee Community Center

$

Purchase band uniforms for Loganville High

School in Walton County

$

Purchase band uniforms for Loganville High School

in Walton County

$

Purchase recreational equipment for Ware County

$

Purchase equipment for Ware County ROTC

$

Purchase/install lights and fences for Warner Robins

National Little League Program

$

Operating funds for the Salvation Army Safehouse in

Warner Robins

$

Operating expenses for the Museum of Aviation in Warner

Robins

$

Purchase rescue equipment for Warren County

$

Operation of the recreation department in Warren County $

Purchase of rescue equipment for northern Warren County $

Renovation of the City of Warrenton Cultural Art Center $

Restoration of historic gymnasium in City

of Warrenton

$

Purchase new police vehicle for City of Warwick

$

Refurbish T.J. Elder Community Center in Washington

County

$

Waycross-Blackshear Tourist promotion

$

Lighting for girls softball field in Wayne County

$

ADA improvement to Jaycee public landing area in Wayne

County

$

Liberty Square Historic Association -beautification

and improvement to historic commercial district in

Waynesboro

$

Infrastructure for computers and technical

equipment for Webster County school buildings

$

Repair of courthouse in Webster County

$

Purchase equipment for baseball and midget football at

Glenwood and Alamo Facilities in Wheeler County

$

Purchase equipment for City of Whigham

$

Improvements to city properties in City of Whigham

$

Purchase of Hamilton House and museum for

the Whitfield/Murray Historical Society

$

Road and Bridge, restroom White County

Recreation Department playground in Sautee Nachoochie

Community

$

Renovations to a recreation facility at White County

Recreation Department

$

Operation of Pioneer RESA in White County

$

Construction of Wilcox County Little League ballpark

$

Purchase equipment for Wilcox County ROTC

$

Repair to Wilcox County auditorium

$

Purchase metal building for Cedar Creek Volunteer Fire

Department

$

Expansion of existing building to accommodate

expansion of City Hall in Wilcox County

$

Purchase building for Cedar Creek Volunteer

40,000
15,000
10,000 25,000 25,000
10,000
50,000
90,000 12,300
5,000 12,000 20,000
10,000 10,000
25,000 15,000 15,000
15,000
65,000
15,000 10,000
10,000 10,000 15,000
50,000
35,000
20,000 8,000
5,000 5,000 10,000
5,000
5,000

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JOURNAL OF THE SENATE

Wilkes County
Wilkinson County Worth County

Fire Department in Wilcox County

$

Purchase equipment for fire station for Newtown

Community in Wilkes County

$

Repairs to city-county library in Wilkinson County

$

Development of youth football program area buildings and

grounds in Worth County

$

5,000
15,000 15,000
15,000

If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.

If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Section 42. Provisions Relative to Section 8, Department of Community Health.

There is hereby appropriated to the Department of Community Health 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 43.

Provisions Relative to Section 11, State Board of Education Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,105.82. 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 44.

Provisions Relative to Section 12, Employees' Retirement System.

It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.

Section 45.

Provisions Relative to Section 16, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Thursday, February 24, 2000

761

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

2

356

3

424

4

500

5

573

6

621

7

672

8

713

9

751

10

804

11

860

$ 155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts 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 46. 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 47. Provisions Relative to Section 23, Department of Natural Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

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. 45-7-55, 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.

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JOURNAL OF THE SENATE

Section 48.

Provisions Relative to Section 29, Department of Revenue.

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $2,000 for the taxable year beginning January 1, 1999.

Section 49.

Provisions Relative to Section 33, Teachers' Retirement System.

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.29% for S.F.Y. 2000.

Section 50. Provisions Relative to Section 35, 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 IX, Paragraph VI, Subsection (b) of the State Constitution.

f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.

In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), 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 51.

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

Thursday, February 24, 2000

763

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 52.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 53.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 54.
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 55.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 56.
In accordance with the requirements of Article IX, Section VI, Paragraph Ia 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

764

JOURNAL OF THE SENATE

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 57.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's 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 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 58.
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 59.
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 60. Provisions Relative to Section 37 State of Georgia General Obligation Debt Sinking Fund.

Thursday, February 24, 2000

765

The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation

bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes

listed thereby.

Principal

Debt

Amount

Service

A.) Maturities not to exceed two hundred forty months.

Department of Education regular entitlements, regular advanced

funding and low-wealth funding

$ 93,335,000 $

8,306,815

Learning Center at Clayton College and State University

22,300,000

1,984,700

Technology and Commerce Center at Columbus State University

14,930,000

1,328,770

Science and Nursing Building at Georgia Southern University

22,890,000

2,037,210

Camden Center Facility at Coastal Georgia

16,700,000

1,486,300

Russell Library and Information Center at Georgia College and State

University

18,460,000

1,642,940

Housing Residence Hall at Savannah State University

6,470,000

575,830

Housing Residence Hall at Savannah State University (payback project)

7,500,000

667,500

Construct and equip a shipping/receiving warehousing facility for the

Herty Foundation

620,000

55,180

Complete broadcast infrastructure upgrades to digital transmission

for 3 Georgia Public Telecommunications Commission stations

2,800,000

249,200

Department of Technical and Adult Education projects:

Technology building at Griffin Tech

9,775,178

869,991

Multipurpose building at Atlanta Tech

7,044,220

626,936

Phase I of Moultrie Tech's new campus

16,942,134

1,507,850

Computer technology building for Albany Tech

7,418,258

660,225

Occupational technology building for Savannah Tech

8,965,680

797,946

HR/IT child development building for Macon Tech

9,353,555

832,466

Classroom/student services building for Augusta Tech

9,015,312

802,379

Liberty County campus for Savannah Tech

5,026,480

447,357

Hancock County center for Sandersville Tech

692,500

61,633

Contingencies for Technical and Adult Education projects

766,683

68,217

Renovations and improvements to Geeslin, Haynes and Hicks Halls

at South Georgia Tech and the economic development and

Quick Start Building at Southeastern Tech

6,660,000

592,740

Property acquisitions for the Department of Technical and Adult Education

500,000

44,500

Provide 50% match for priority repairs and renovations at public libraries

2,875,000

255,875

Construct a third auto dock at Colonel's Island

9,000,000

801,000

Purchase land and develop a port site for a poultry cold storage site

9,000,000

801,000

Complete construction of the phase IV expansion of the World Congress

Center

4,400,000

391,600

Develop parking facilities to replace parking lost to phase IV

expansion site of the World Congress Center

7,000,000

623,000

Purchase the Georgia Power site on Northside Drive ($3,000,000)

3,000,000

267,000

Construct 10 additional cabins at Richard Russell State Park

($1,200,000) and for the Sweetwater Creek Interpretive Center

($1,500,000)

2,700,000

240,300

Purchase 500 acres of land along the Alatamaha River in Appling County

for a new state park

600,000

53,400

Construct a new public fishing pier on the St. Mary's River in Camden

County

275,000

24,475

Construct a clubhouse, cart barn, parking lot, maintenance complex,

driving range and putting green for phase II of the Victoria Bryant Golf

Course improvements

1,800,000

160,200

Construct a seawall at Florence Marina State Park in Stewart County

300,000

26,700

Land acquisition in the Chattahoochee River Corridor

20,000,000

1,780,000

Land acquisition at Pigeon Mountain

3,750,000

333,750

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JOURNAL OF THE SENATE

Governor's Road Improvement Program Begin construction of the Atlanta Multi-Modal Transfer Facility passenger terminal Construction to raise dikes in area 14B in the Savannah Harbor Phase II of erosion protection at Jones/Oyster Bed Island Installation of underdrain pipes at Savannah Harbor disposal areas Purchase emergency generators, a fire alarm system and re-roof a building at Augusta YDC Expand educational and medical space at Pelham YDC Dining hall expansion at Eastman YDC Installation of modular classrooms at Macon YDC Various repairs and maintenance projects at RYDCs Construct additional educational, mental health, medical and supervisory space at the Clayton, DeKalb and Marietta RYDCs Construction of the remaining 80-bed replacement for the Macon YDC Match a federal grant for construction of an 80-bed replacement for the Augusta RYDC Replace the roof of the Russell Building ($340,000) and for exterior improvements at Milledgeville Veterans Nursing Home ($210,000) Replace the laboratory building and morgue at the GBI Macon office Construct a morgue and toxicology lab adjacent to the GBI Savannah facility Construct a new GBI region 6 Investigative Office in Milledgeville Expand the City of Morgan wastewater system to accommodate the Calhoun State Prison Upgrades at Department of Corrections' facilities 25-bed expansion of diversion centers at Rouse, Helms, Athens, Griffin and Columbus and a 50-bed expansion at Augusta; replace 50-bed diversion centers in Rome and Cobb with 100-bed facilities; construct two 192-bed probation detention centers in Long County and Murray County; construct two 192-bed parole revocation centers in Jeff Davis County and Stephens County Repairs and renovations at Seasonal Farmers' Markets statewide, including $368,000 for the Cordele Farmers' Market Exterior renovations at the State Capitol Removal and remediation of state-owned underground and above ground tanks that have been closed to meet federal regulations Design funds for Regent's major capital outlay priority list Construction of the North Campus chilled water plant at Georgia Tech Design of a classroom and wellness center/dorms at Middle Georgia College Replacement of underground electrical distribution system at Gainesville College Planning and design funds for the renovation of the classroom/ gymnasium facility at South Georgia College
Planning and design of the Tift Area Satellite Expansion at Moultrie Technical Institute Rehabilitation of railroads for the Department of Transportation Purchase adjoining property and improve existing property at the Georgia National Fairgrounds and Agricultural Center Purchase land in Muscogee County Renovations at Middle Georgia College - Dublin Design and construction of additional nine holes at Gordonia Alatamaha
State Park Golf Course Math/science building at Kennesaw State University

120,000,000
2,000,000 3,000,000 5,500,000
200,000
745,000 940,000 515,000 565,000 1,500,000
7,600,000 3,125,000
825,000
550,000 4,250,000
2,295,000 680,000
200,000 4,465,000
5,105,000
1,190,000 5,000,000
3,000,000 4,500,000 4,800,000
590,000
1,300,000
252,000
300,000 600,000
1,600,000 500,000
1,200,000
2,250,000 4,000,000

10,680,000
178,000 267,000 489,500
17,800
66,305 83,660 45,835 50,285 133,500
676,400 278,125
73,425
48,950 378,250
204,255 60,520
17,800 397,385
454,345
105,910 445,000
267,000 400,500 427,200
52,510
115,700
22,428
26,700 53,400
142,400 44,500
106,800
200,250 356,000

Thursday, February 24, 2000

767

Total Twenty Year Projects (New) B.) Maturities not to exceed sixty months. Design a Nursing/Health Sciences and Outreach Complex at Macon College ($650,000) and an Agricultural Sciences building at Abraham Baldwin Agricultural College ($285,000) Renovate the Classroom Building E at the Clarkston Campus of Georgia Perimeter College Repair dams at John Tanner State Park in Carroll County Implement a circulation plan and other improvements within the historic district of Jekyll Island Purchase equipment to support industry-driven research Renovations of cottages outside Bill E. Irland YDC and in Atlanta for use as non-secure detention and emergency shelters Safety and regulatory improvements, major construction, HVAC system replacements at Department of Human Resources facilities Various equipment purchases for the Department of Corrections Study and design the replacement of the steam system at GDCP Minor construction projects ($5,734,400) and maintenance projects ($695,600) at various Department of Corrections' facilities Repairs and renovations to National Guard armories and other Department of Defense facilities Total Five Year Projects (New)

$ 548,007,000 $

$

935,000 $

2,900,000 250,000

2,500,000 1,500,000

350,000

4,965,000 720,000 115,000

6,430,000

3,000,000 $ 23,665,000 $

48,772,623
218,790 678,600
58,500 585,000 351,000
81,900
1,161,810 168,480 26,910
1,504,620
702,000 5,537,610

Section 61. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2000

$ 13,939,922,701

Section 62.

This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 63.

All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 46, 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:

N Balfour Y Blitch Y Bowen Y Broun Y Brown
Brush

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson

Y Price,R N Price,T Y Ragan N Ray Y Scott Y Smith

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N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y James N Johnson,E Y Kemp N Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer v Bremen N Perdue Y Polak

Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 36, nays 18.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 7:56 p.m.

Friday, February 25, 2000

769

Senate Chamber, Atlanta, Georgia Friday, February 25, 2000
Twenty-sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1511.

By Representatives Campbell of the 42nd, Burkhalter of the 41st and Trense of the 44th:
A bill to reincorporate the City of Roswell in the County of Fulton; to create a new charter for said city.

HB 1559.

By Representatives Royal of the 164th, Scott of the 165th and Houston of the 166th:
A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to change certain provisions regarding certain discretionary purchases by the county administrator.

HB 1563.

By Representatives Buck of the 135th, Davis of the 132nd, Taylor of the 134th and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the maximum amount for which the superintendent of the board of education may make contracts; to change the maximum amount for which a purchase may be made without affording free competition.

HB 1564.

By Representatives Yates of the 106th and Sanders of the 107th:
A bill to amend an Act establishing the State Court of Spalding County, so as to change the provisions relating to the judge; to provide that the judge shall be full time; to provide for the election, compensation, powers, duties, authority, and vacancies of said judge.

HB 1568.

By Representative Martin of the 145th:
A bill to amend an Act creating a Board of Commissioners of Candler County, so as to provide for the oath of office and for bonds for members of the board of commissioners; to change the provisions relating to the compensation of members of the board of commissioners; to provide for meetings of the board of commissioners and for a quorum; to change the powers and authority of the chairperson of the board of commissioners; to create the office of county administrator of Candler County.

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HB 1572.

By Representatives Sauder of the 29th, Wiles of the 34th, Golick of the 30th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to add an additional judge to the second division of the State Court of Cobb County.

HB 1565.

By Representative Channell of the 111th:
A bill to provide a homestead exemption from Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that school district.

HB 1567.

By Representative Channell of the 111th:
A bill to provide a homestead exemption from Putnam County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.

HB 1452.

By Representatives Parrish of the 144th, Buck of the 135th, Hanner of the 159th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income taxation of corporations; to provide for an income tax credit with respect to the amount of certain taxes paid by depository financial institutions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to change certain provisions regarding local business license tax on depository financial institutions.

HB 1430.

By Representatives Royal of the 164th, Walker of the 141st, Stancil of the 16th and others:
A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, so as to change certain provisions regarding approval of local government service delivery strategies; to provide for comprehensive procedures regarding mediation and dispute resolution regarding city and county service delivery strategies.

HB 1303.

By Representative Benefield of the 96th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of special county 1 percent sales and use tax, so as to authorize use of tax proceeds for capital outlay projects consisting of certain transportation facilities.

HB 1224.

By Representatives Stancil of the 16th and Royal of the 164th:
A bill to amend Code Section 48-5-442 of the Official Code of Georgia Annotated, relating to the uniform evaluation of motor vehicles, so as to change certain provisions regarding the state revenue commissioners' determination of the valuation of motor vehicles.

Friday, February 25, 2000

771

HB 1294.

By Representatives Teper of the 61st, Smith of the 12th and Shanahan of the 10th:
A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to provide that a judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference.

HB 1396.

By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans benefits, so as to provide for the establishment of a Georgia Veterans Cemetery; to provide for eligibility for interment in the Georgia Veterans Cemetery; to provide that the Department of Veterans Service has the primary responsibility for verifying eligibility for interment in the Georgia Veterans Cemetery.

HB 1231.

By Representatives Parrish of the 144th, Stallings of the 100th, Ragas of the 64th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change certain definitions; to change certain notice requirements for a merger when a party is a failed or failing bank; to allow the Department of Banking and Finance to modify certain qualifying or limiting requirements imposed by this chapter; to expand certain operating powers of banks and trust companies.

HB 1404.

By Representatives Sauder of the 29th, Hanner of the 159th, Walker of the 141st and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private entities for the operation and maintenance of its waste-water treatment system, storm-water system, water system, or sewer system, which leases or contracts may include provisions for the design, construction, repair, reconditioning, replacement, maintenance, and operation of the system, or any combination of such services and functions.

HB 1118.

By Representatives Burkhalter of the 41st and Graves of the 125th:
A bill to amend Code Section 48-5-7.2 of the Official Code of Georgia Annotated, relating to preferential assessments of rehabilitated historic property, so as to provide for the inclusion of expenditures incurred in preserving specimen trees.

HB 1326.

By Representatives Holland of the 157th, Jenkins of the 110th, Crawford of the 129th and others:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil actions in the magistrate's court, so as to provide that the assignee of an obligation may bring an action only on behalf of the original obligee.

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HB 1510.

By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and others:

A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to clarify that the exemption regarding certain components of machinery used directly in the manufacture of tangible personal property extends only to machinery components purchased to upgrade such machinery; to provide for a phased-in exemption from sales and use tax for certain repair or replacement parts, molds or replacement molds, dies or replacement dies, and tooling or replacement tooling.

HB 1509.

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, and computation of state income taxes, so as to revise and change certain provisions regarding income tax credits for businesses located in certain counties designated as less developed areas; to provide for certain additional tax credits; to revise and change certain provisions regarding income tax credits and optional income tax credits for existing manufacturing and telecommunications facilities or manufacturing and telecommunications support facilities in tier 3 counties.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 1008.

By Representatives Rogers of the 20th, Murphy of the 18th, Connell of the 115th and others: A resolution designating the Howard T. Overby National Guard Armory in Gainesville.

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 612.

By Senator Price of the 56th:

A resolution recognizing and celebrating March 1, 2000, as Saint David's Day in the State of Georgia.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 495. By Senators Ray of the 48th, Gingrey of the 37th, Price of the 56th and Thomas of the 54th:

A bill to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for therapists who communicate to certain persons threats which are made by patients; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 496. By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:

A bill to be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to change certain provisions relating to length of vehicle and loads; to change certain provisions relating to permits for excess weight and dimensions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

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773

SB 497. By Senator Smith of the 25th:
A bill to be entitled an Act to provide a homestead exemption from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 498. By Senator Smith of the 25th:
A bill to be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SR 623. By Senators Land of the 16th and Hooks of the 14th:
A resolution designating the Myrtice McGarrah McMichael Bridge; and for other purposes.
Referred to the Committee on Transportation.
SR 624. By Senator Jackson of the 50th:
A resolution designating the Ted Taft Copeland Dam; and for other purposes.
Referred to the Committee on Natural Resources.
SR 626. By Senators James of the 35th, Tate of the 38th and Fort of the 39th:
A resolution to create the Joint Task Force on Technology Disparities in Telecommunications; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
The following bills and resolution of the House were read the first time and referred to committees:
HB 1118. By Representatives Burkhalter of the 41st and Graves of the 125th:
A bill to be entitled an Act to amend Code Section 48-5-7.2 of the Official Code of Georgia Annotated, relating to preferential assessments of rehabilitated historic property, so as to provide for the inclusion of expenditures incurred in preserving specimen trees; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1224. By Representatives Stancil of the 16th and Royal of the 164th:
A bill to be entitled an Act to amend Code Section 48-5-442 of the Official Code of Georgia Annotated, relating to the uniform evaluation of motor vehicles, so as to change certain provisions regarding the

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state revenue commissioner's determination of the valuation of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1231. By Representatives Parrish of the 144th, Stallings of the 100th, Ragas of the 64th and others:
A bill to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change certain definitions; to change certain notice requirements for a merger when a party is a failed or failing bank; to allow the Department of Banking and Finance to modify certain qualifying or limiting requirements imposed by this chapter; to expand certain operating powers of banks and trust companies; to allow a bank to own or lease certain real property; to allow a bank to elect to use the federal limits on obligations of one person or corporation instead of the state limits; to change provisions relating to transacting business in securities by banks; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banking and Financial Institutions.
HB 1294. By Representatives Teper of the 61st, Smith of the 12th and Shanahan of the 10th:
A bill to be entitled an Act to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to provide that a judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference; to provide that search warrant applications heard by video conference shall be conducted in a manner to ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1303. By Representative Benefield of the 96th:
A bill to be entitled an Act to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of special county 1 percent sales and use tax, so as to authorize use of tax proceeds for capital outlay projects consisting of certain transportation facilities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1326. By Representatives Holland of the 157th, Jenkins of the 110th, Crawford of the 129th and Teper of the 61st:
A bill to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil actions in the magistrate's court, so as to provide that the assignee of an obligation may bring an action only on behalf of the original obligee; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1361. By Representatives Lucas of the 124th, Snow of the 2nd, Skipper of the 137th and Lane of the 146th:
A bill to be entitled an Act to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Ethics in Government Act," so as to require newspapers and other companies which accept paid political advertisements to maintain certain records

Friday, February 25, 2000

775

concerning the identity of persons purchasing such advertisements; to provide for civil penalties to be imposed by the State Ethics Commission for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1396. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st and others:
A bill to be entitled an Act to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans benefits, so as to provide for the establishment of a Georgia Veterans Cemetery; to provide for eligibility for interment in the Georgia Veterans Cemetery; to provide that the Department of Veterans Service has the primary responsibility for verifying eligibility for interment in the Georgia Veterans Cemetery; to provide for control of the Georgia Veterans Cemetery and application for interment; to provide that the Department of Veterans Service is designated as the agency of this state to receive federal aid and other sources of income to assist the state in establishing, operating, and maintaining a veterans' cemetery; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
HB 1404. By Representatives Sauder of the 29th, Hanner of the 159th, Walker of the 141st and others:
A bill to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private entities for the operation and maintenance of its waste-water treatment system, storm-water system, water system, or sewer system, which leases or contracts may include provisions for the design, construction, repair, reconditioning, replacement, maintenance, and operation of the system, or any combination of such services and functions; to provide for the acceptance of competitive sealed proposals for such leases and contracts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1405. By Representatives Connell of the 115th, Williams of the 114th and Harbin of the 113th:
A bill to be entitled an Act to amend Code Section 15-11-39 of the Official Code of Georgia Annotated, relating to transfer to another court for prosecution and termination of juvenile court jurisdiction, so as to lower from 15 to 13 years the age at which a juvenile may be transferred to another court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1430. By Representatives Royal of the 164th, Walker of the 141st, Stancil of the 16th and others:
A bill to be entitled an Act to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, so as to change certain provisions regarding approval of local government service delivery strategies; to provide for comprehensive procedures regarding mediation and dispute resolution regarding city and county service delivery strategies; to provide for mandatory mediation; to provide for superior court hearings; to provide for sanctions and enforcement; to change certain provisions regarding strategy review and revision; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).

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HB 1452. By Representatives Parrish of the 144th, Buck of the 135th, Hanner of the 159th and others:
A bill to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income taxation of corporations; to provide for an income tax credit with respect to the amount of certain taxes paid by depository financial institutions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to change certain provisions regarding local business license tax on depository financial institutions; to change certain provisions regarding the special state occupation tax on depository financial institutions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1509. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
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, and computation of state income taxes, so as to revise and change certain provisions regarding income tax credits for businesses located in certain counties designated as less developed areas; to provide for certain additional tax credits; to revise and change certain provisions regarding income tax credits and optional income tax credits for existing manufacturing and telecommunications facilities or manufacturing and telecommunications support facilities in tier 3 counties; to revise and change certain provisions regarding alternative income tax credits for base port traffic increases; to repeal conflicting laws; and for other purposes.
Senator Stokes of the 43rd gave notice that at the proper time she would move to engross HB 1509.
HB 1510. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and Buck of the 135th:
A bill to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to clarify that the exemption regarding certain components of machinery used directly in the manufacture of tangible personal property extends only to machinery components purchased to upgrade such machinery; to provide for a phased-in exemption from sales and use tax for certain repair or replacement parts, molds or replacement molds, dies or replacement dies, and tooling or replacement tooling; to provide for an exemption with respect to certain sales or leases of computer equipment to certain high-technology companies; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Senator Stokes of the 43rd gave notice that at the proper time she would move to engross HB 1510.
HB 1511. By Representatives Campbell of the 42nd, Burkhalter of the 41st and Trense of the 44th:
A bill to be entitled an Act to reincorporate the City of Roswell in the County of Fulton; to create a new charter for said city; to prescribe and extend the present corporate limits of said city and annex and incorporate certain additional land to said municipality; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for the preservation of ordinances, bylaws, rules, and regulations; to provide for the officials of said city and their selection, oath, compensation, powers, duties, and terms of office; to provide for removal of elected officials and the filling of vacancies; to provide for the appointment of certain officers of the city; to provide for the fiscal administration of the city government; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

Friday, February 25, 2000

777

HB 1559. By Representatives Royal of the 164th, Scott of the 165th and Houston of the 166th:
A bill to be entitled an Act to amend an Act re-creating the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3735), so as to change certain provisions regarding certain discretionary purchases by the county administrator; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1563. By Representatives Buck of the 135th, Davis of the 132nd, Taylor of the 134th and others:
A bill to be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, so as to change the maximum amount for which the superintendent of the board of education may make contracts; to change the maximum amount for which a purchase may be made without affording free competition; to provide that the superintendent of the board of education may in an emergency make certain contracts where the expenditure exceeds $10,000.00; to provide for rules and regulations; to provide a definition; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1564. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to be entitled an Act to amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4527), so as to change the provisions relating to the judge; to provide that the judge shall be full time; to provide for the election, compensation, powers, duties, authority, and vacancies of said judge; to prohibit the judge from engaging in certain activities; to provide for conflicts of law; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1565. By Representative Channell of the 111th:
A bill to be entitled an Act to provide a homestead exemption from Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1567. By Representative Channell of the 111th:
A bill to be entitled an Act to provide a homestead exemption from Putnam County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.

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HB 1568. By Representative Martin of the 145th:

A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, so as to provide for the oath of office and for bonds for members of the board of commissioners; to change the provisions relating to the compensation of members of the board of commissioners; to provide for meetings of the board of commissioners and for a quorum; to change the powers and authority of the chairperson of the board of commissioners; to create the office of county administrator of Candler County; to provide for the appointment, compensation, powers, duties, and authority of such county administrator; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1572. By Representatives Sauder of the 29th, Wiles of the 34th, Golick of the 30th and others:

A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4679), so as to add an additional judge to the second division of the State Court of Cobb County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

HR 1008. By Representatives Rogers of the 20th, Murphy of the 18th, Connell of the 115th and others:

A resolution designating the Howard T. Overby National Guard Armory in Gainesville; and for other purposes.

Referred to the Committee on Veterans and Consumer Affairs.

The following committee report was read by the Secretary:

Mr. President:

The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 429. Do pass. SB 474. Do pass by substitute. SB 476. Do pass.

Respectfully submitted, Senator Hecht of the 34th District, Chairman

The following bills were read the second time:

SB 257 SB 299 SB 360 SB 401 SB 413 SB 425

SB 439 SB 468 HB 613 HB 656 HB 1251 HB 1320

Senator Perdue of the 18th moved that Senator Johnson of the 1st be excused. On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Johnson was excused.

Friday, February 25, 2000

779

Senator Harbison of the 15th moved that Senator Thomas of the 2nd be excused. On the motion, the yeas were 36, nays 1; the motion prevailed, and Senator Thomas was excused.

The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Broun Brown Brush Burton Butler Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden

Guhl Harbison Hecht Hill Hooks Huggins Jackson James Kemp Ladd Lamutt Land Lee Madden Marable Meyer v Bremen Perdue

Polak Price,R Price,T Ragan Ray Scott Smith Starr Stephens Stokes Streat Tate Thomas,D Thomas,N Walker Williams

Those not answering were:

Cable Johnson, E. (excused) Tanksley Thomas, R. (excused) Thompson

The following member was off the floor of the Senate when the roll was called and wishes to be recorded as present:

Senator Cable of the 27th

The members pledged allegiance to the flag.

Prayer was offered by Dr. Todd Gaddis, pastor of First Baptist Church, Lafayette, Georgia.

The following resolutions were read and adopted:

SR 620. By Senators Gillis of the 20th, Dean of the 31st, Stokes of the 43rd and others:

A resolution commemorating the Keep Georgia Beautiful Program and its 59 local affiliates who serve 80 percent of the population of the State of Georgia; and for other purposes.

SR 621. By Senators Ragan of the 11th, Hill of the 4th, Marable of the 52nd and Gillis of the 20th:

A resolution commending Melvin Johnson; and for other purposes.

SR 622. By Senator Meyer von Bremen of the 12th:

A resolution commending the Dougherty Comprehensive High School Chorale; and for other purposes.

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SR 625. By Senators Streat of the 19th and 54 others:

A resolution recognizing and expressing appreciation to Steven L. Parks; and for other purposes.

SR 627. By Senator Cheeks of the 23rd:

A resolution commending Southern Beverage Packers, Inc.; and for other purposes.

Senator Smith of the 25th introduced the doctor of the day, Dr. David Ringer.

The proper time having arrived to entertain a motion, Senator Stokes of the 43rd moved that the following bill be engrossed:

HB 1509. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:

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, and computation of state income taxes, so as to revise and change certain provisions regarding income tax credits for businesses located in certain counties designated as less developed areas; to provide for certain additional tax credits; to revise and change certain provisions regarding income tax credits and optional income tax credits for existing manufacturing and telecommunications facilities or manufacturing and telecommunications support facilities in tier 3 counties; to revise and change certain provisions regarding alternative income tax credits for base port traffic increases; to repeal conflicting laws; and for other purposes.

On the motion, the President ordered a roll call, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush N Burton Y Butler N Cable N Cagle
Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James E Johnson,E Y Kemp N Ladd N Lamutt N Land
Lee Y Madden Y Marable Y Meyer v Bremen N Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R
Thompson Y Walker N Williams

On the motion to engross, the yeas were 31, nays 19; the motion prevailed, and HB 1509 was ordered engrossed. The President referred HB 1509 to the Finance and Public Utilities Committee.
Senator Stokes of the 43rd moved that the following bill be engrossed:
HB 1510. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and Buck of the 135th:

Friday, February 25, 2000

781

A bill to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to clarify that the exemption regarding certain components of machinery used directly in the manufacture of tangible personal property extends only to machinery components purchased to upgrade such machinery; to provide for a phased-in exemption from sales and use tax for certain repair or replacement parts, molds or replacement molds, dies or replacement dies, and tooling or replacement tooling; to provide for an exemption with respect to certain sales or leases of computer equipment to certain high-technology companies; to provide for an effective date; to repeal conflicting laws; and for other purposes.

On the motion, the President ordered a roll call, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush N Burton Y Butler N Cable N Cagle
Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James E Johnson,E Y Kemp N Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer v Bremen N Perdue Y Polak

N Price,R N Price,T
Ragan N Ray Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat Y Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R
Thompson Y Walker N Williams

On the motion to engross, the yeas were 31, nays 18; the motion prevailed, and HB 1510 was ordered engrossed. The President referred HB 1510 to the Finance and Public Utilities Committee. 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 1162.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:

A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 19992000.

The following bill was taken up to consider House action thereto:

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; and for other purposes.

782

JOURNAL OF THE SENATE

The House Amendment was as follows:

Amend the Senate amendment, by Senator Walker, to HB 577 by striking lines 1 through 7 thereof.

Senator Ragan of the 11th moved that the Senate insist on its disagreement to the House amendment to the Senate amendment (#2) to HB 577.

Senator Perdue of the 18th asked for a ruling from the Chair as to the germaneness of the Walker amendment.

The President ruled the amendment germane.

Senator Balfour of the 9th moved the previous question.

On the motion, the President ordered a roll call, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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 E Johnson,E Y Kemp Y Ladd N Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

N Price,R Y Price,T Y Ragan N Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D
Thomas,N E Thomas,R
Thompson Y Walker Y Williams

On the motion, the yeas were 47, nays 3; the motion prevailed, and the previous question was ordered. On the motion to insist, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James E Johnson,E Y Kemp N Ladd N Lamutt N Land N Lee Y Madden Y Marable

N Price,R N Price,T
Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat
Tanksley Y Tate N Thomas,D
Thomas,N E Thomas,R

Friday, February 25, 2000

783

Y Gillis N Gingrey N Golden N Guhl

Y Meyer v Bremen N Perdue N Polak

Thompson Y Walker N Williams

On the motion, the yeas were 27, nays 22; the motion prevailed, and the Senate insisted on its disagreement to the House amendment to the Senate amendment (#2) to HB 577.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

February 25, 2000

The Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

Dear Mr. Secretary:

I would like for the record to reflect that I favor passage of the motion insisting that the Senate disagree to the House amendment to the Senate amendment (#2) to House Bill 577. I was involved with another matter and failed to vote at the proper time.
Thank you for your assistance in this matter.

Sincerely, /s/ Harold J. Ragan District 11

SB 342
SB 412 SR 35 SB 381 SB 453 SB 455

SENATE RULES CALENDAR Friday, February 25, 2000
TWENTY-SIXTH LEGISLATIVE DAY Motorcycle Headgear, Eye-Protective Devices-certain violations not criminal act (Substitute)(Pub Saf-24th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on February 23, 2000.) Prosecuting Attorneys-Pretrial Intervention, Diversion Programs (Judy-32nd)
Indigent Care Trust Fund Study Committee-create (Rules-47th)
Rural Hospital Authorities Assistance Act-purposes of certain grants (H&HS-4th) Morgan County-homestead exemption, 65 year olds (F&PU-25th)
Morgan County-homestead exemption, educational purposes (F&PU-25th)

Respectfully submitted,

784

JOURNAL OF THE SENATE

/s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:

SB 342.

By Senators Brush of the 24th, Streat of the 19th, Marable of the 52nd and others:
A bill to be entitled an Act to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to provide that certain violations shall not be criminal acts, ordinance violations, or moving traffic violations; to specify a penalty for certain violations; to repeal conflicting laws; and for other purposes.

Senators Brush of the 24th and Thompson of the 33rd offered the following substitute to SB 342:
A BILL
To be entitled an Act to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to provide that certain violations shall not be criminal acts, ordinance violations, or moving traffic violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, is amended by adding a new subsection (e) to read as follows:
"(e) A person failing to comply with the requirements of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance. A violation of this Code section shall not be a moving traffic violation for purposes of Code Section 40-5-57."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Brush of the 24th offered the following amendment:
Amend the floor substitute to SB 342 by striking lines 3 through 5 on page 1 and inserting in lieu thereof the following:
"devices for motorcycle riders, so as to provide that a violation of said Code section shall not be a moving traffic violation; to repeal conflicting laws;"
By striking line 13 on page 1 immediately after the "(e)" and lines 14 and 15.
On the adoption of the amendment, the yeas were 35, nays 0, and the Brush amendment was adopted.
On the adoption of the substitute, the yeas were 38, nays 4, and the Brush, Thompson substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

Friday, February 25, 2000

785

On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun N Brown Y Brush N 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 N James E Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 45, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Brush of the 24th moved that SB 342 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0, and SB 342 was immediately transmitted.

The following bill was taken up to consider House action thereto:
HB 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others :
A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 19992000; and for other purposes.
Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 1162.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1162.
The Calendar was resumed.
SB 412. By Senators Tanksley of the 32nd and Thompson of the 33rd:
A bill to be entitled an Act to amend Chapters 13 and 18 of Title 15 of the Official Code of Georgia Annotated, relating respectively to officers of court and prosecuting attorneys, so as to authorize prosecuting attorneys to assess certain costs and fees; to authorize prosecuting attorneys to create and administer Pretrial Intervention and Diversion Programs; to provide for the purpose of such programs and the selection of offenders for such programs; to provide for restitution; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Blitch Y Bowen Y Broun Y Brown 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 E Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T
Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 35.

By Senators Madden of the 47th, Streat of the 19th, Gillis of the 20th and Ragan of the 11th:

A resolution creating the Senate Indigent Care Trust Fund Study Committee. The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen
Broun Y Brown 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 E Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 49, nays 0.

Friday, February 25, 2000

787

The resolution, having received the requisite constitutional majority, was adopted.

SB 381. By Senators Hill of the 4th, Blitch of the 7th, Madden of the 47th and Ragan of the 11th:

A bill to be entitled an Act to amend Code Section 31-7-94.1 of the Official Code of Georgia Annotated, the "Rural Hospital Authorities Assistance Act," so as to change the purposes for which grants may be made to certain rural hospitals; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown 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 E Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R 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.

SB 453. By Senator Smith of the 25th:

A bill to be entitled an Act to provide a homestead exemption from Morgan County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over after a five-year phase-in period; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins

Y Price,R Y Price,T Y Ragan Y Ray Y Scott

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JOURNAL OF THE SENATE

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 Jackson Y James E Johnson,E Y Kemp
Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Smith Y Starr
Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed. SB 455. By Senator Smith of the 25th:

A bill to be entitled an Act to provide a homestead exemption from Morgan County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over after a five-year phase-in period; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown
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 E Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y 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.

Friday, February 25, 2000

789

Senator Hooks of the 14th asked unanimous consent that he be authorized, as Chairman of the Senate Appropriations Committee, to cast a unanimous vote that the Senate adhere to its substitute to HB 1162 and that a Conference Committee be appointed. The consent was granted.
Senator Walker of the 22nd moved that pursuant to SR 562, the Senate stand in recess until 5:00 p.m., then adjourn until Monday, February 28, at 10:00 a.m..
At 12:00 noon, Senator Walker of the 22nd moved that the Senate stand in recess until 5:00 p.m., and pursuant to SR 562, adjourn until Monday, February 28, at 10:00 a.m. The motion prevailed.
At 5:00 p.m., the Senate adjourned.

790

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 28, 2000
Twenty-seventh Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1575.

By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salaries of the judge and solicitor-general of said court.

HB 1580.

By Representative Barnard of the 154th:
A bill to amend an Act creating a new charter for the City of Reidsville, so as to provide that the mayor and councilmen shall be elected by a plurality of the voters voting in the respective elections for mayor and each member of the council.

HB 1423.

By Representatives McCall of the 90th, Walker of the 141st, Buck of the 135th and others:
A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to amend a statement of legislative findings; to define certain terms; to provide that the provisions of such Act may apply in counties which affect the air quality in nonattainment areas; to provide for the powers and duties of the Board of Natural Resources with regard to establishing air quality to amend code Section 36-32-8, relating to jurisdiction in cases of operating a motor vehicle without a certificate of emission inspection, so as to change certain references contained in such Code section.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 436.

By Representatives James of the 140th and Walker of the 141st:

A resolution designating that portion of State Highway Route 49 in Macon County, Georgia, from the entrance of the Andersonville National Historic Site to the intersection of Highway 49 and Highway 26 as the "John A. Trask Highway".

HR 1016.

By Representatives Coleman of the 142nd and Parrish of the 144th:

A resolution designating the Claude Roscoe Nash Memorial Bridge.

Monday, February 28, 2000

791

HR 1045.

By Representatives Hammontree of the 4th and Mann of the 5th: A resolution designating the Ralph Morgan Parkway.

HR 1046.

By Representatives Hammontree of the 4th and Mann of the 5th: A resolution designating the Prater's Mill Parkway.

HR 1059.

By Representatives Pinholster of the 15th and Stancil of the 16th:

A resolution designating the three-way intersection of State Highway 53, Burnt Mountain Road, and Spring Street in Pickens County as the "James T. Williams Intersection".

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 499. By Senators Hill of the 4th, Cheeks of the 23rd and Kemp of the 3rd:

A bill to be entitled an Act To amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Charitable Solicitations Act of 1988," so as to provide for various matters relating to the registration and solicitation activities of charitable organizations and their paid solicitors and solicitor agents; to change the definition of the term "charitable organization" and define the terms "religious organization" and "solicitor agent"; to provide for the electronic filing of certain forms by paid solicitors; to require that an applicant for registration as a paid solicitor consent to a criminal background investigation in connection with his or her application; to change requirements relating to financial statements to be filed by paid solicitors; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Veterans and Consumer Affairs.

SB 500. By Senators Stokes of the 43rd, Tanksley of the 32nd and Thompson of the 33rd:

A bill to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to juvenile proceedings, so as to provide for a short title, legislative intent, and definitions; to create the Office of the Child Advocate in the office of the Governor; to provide for administrative assignment; to provide for staff and personnel; to amend Code Section 19-15-4 of the O.C.G.A., relating to the State-wide Child Abuse Prevention Panel, so as to include the advocate as a member of the panel; to amend Code Section 49-5-41 of the O.C.G.A., relating to persons and agencies permitted access to records concerning reports of child abuse, so as to provide for public access to certain child abuse records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health and Human Services.

SB 501. By Senator Thomas of the 10th:

A bill to be entitled an Act to amend Code Section 15-12-11 of the Official Code of Georgia Annotated, relating to the appointment of court personnel in certain counties, so as to repeal a population provision granting to superior court judges of certain counties the authority to appoint a jury clerk and other court personnel; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

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JOURNAL OF THE SENATE

SB 502. By Senator Thomas of the 10th:
A bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to change the composition of the Board; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
SB 503. By Senator Burton of the 5th:
A bill to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the registration of voters, so as to provide that the residence addresses of law enforcement officers, judges, scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation, correctional employees, and prosecutors shall be kept confidential in voter registration files if so requested; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 504. By Senator Thompson of the 33rd:
A bill to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4701), 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; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SR 618. By Senators Smith of the 25th, Thomas of the 2nd, Meyer von Bremen of the 12th and others:
A resolution creating the Senate Teacher Morale Study Committee; and for other purposes.
Referred to the Committee on Education.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1423. By Representatives McCall of the 90th, Walker of the 141st, Buck of the 135th and others:
A bill to be entitled an Act to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to amend a statement of legislative findings; to define certain terms; to provide that the provisions of such Act may apply in counties which affect the air quality in nonattainment areas; to provide for the powers and duties of the Board of Natural Resources with regard to establishing air quality; to amend Code Section 36-32-8, relating to jurisdiction in cases of operating a motor vehicle without a certificate of emission inspection, so as to change certain references contained in such Code section; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1575. By Representative Purcell of the 147th:
A bill to be entitled an Act to amend an Act entitled "An Act creating the State Court of Effingham County," approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved

Monday, February 28, 2000

793

April 1, 1999 (Ga. L. 1999, p. 3621), so as to change the salaries of the judge and solicitor-general of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations.
HB 1580. By Representative Barnard of the 154th:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Reidsville, approved March 13, 1978 (Ga. L. 1978, p. 3273), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4388), and an Act approved March 19, 1987 (Ga. L. 1987, p. 4419), so as to provide that the mayor and councilmen shall be elected by a plurality of the voters voting in the respective elections for mayor and each member of the council; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations. HR 436. By Representatives James of the 140th and Walker of the 141st:
A resolution designating that portion of State Highway Route 49 in Macon County, Georgia, from the entrance of the Andersonville National Historic Site to the intersection of Highway 49 and Highway 26 as the "John A. Trask Highway"; and for other purposes. Referred to the Committee on Transportation.
HR 1016. By Representatives Coleman of the 142nd and Parrish of the 144th:
A resolution designating the Claude Roscoe Nash Memorial Bridge; and for other purposes. Referred to the Committee on Transportation.
HR 1045. By Representatives Hammontree of the 4th and Mann of the 5th:
A resolution designating the Ralph Morgan Parkway; and for other purposes. Referred to the Committee on Transportation.
HR 1046. By Representatives Hammontree of the 4th and Mann of the 5th:
A resolution designating the Prater's Mill Parkway; and for other purposes. Referred to the Committee on Transportation.
HR 1059. By Representatives Pinholster of the 15th and Stancil of the 16th:
A resolution designating the three-way intersection of State Highway 53, Burnt Mountain Road, and Spring Street in Pickens County as the "James T. Williams Intersection"; and for other purposes.
Referred to the Committee on Transportation.
The following committee reports were read by the Secretary:
Mr. President:
The Committee on Public Safety has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 445. Do pass by substitute.

794

JOURNAL OF THE SENATE

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1435. Do pass. HB 1347. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

SB 429 SB 474 SB 476

The roll was called and the following Senators answered to their names:

Blitch Bowen Broun Brown Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Guhl

Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer v Bremen Perdue

Polak Price,R Price,T Ragan Ray Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,R Williams

Those not answering were:

Balfour Golden Thomas, N. Thompson Walker

The members pledged allegiance to the flag. Prayer was offered by Senator Dean of the 31st.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Monday, February 28, 2000

795

Mr. President:
The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1162.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 19992000.

The Speaker has appointed on the part of the House, Representatives Coleman of the 142nd, Walker of the 141st and Buck of the 135th.
The following bill was taken up to consider House action thereto:
HB 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 19992000; and for other purposes.
Senator Hooks of the 14th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Starr of the 44th, Walker of the 22nd and Hooks of the 14th.
The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Monday, February 28, 2000 Twenty-seventh Legislative Day
(The names listed with the bills are the Senators whose districts are affected by the legislation.)

HB 1435

Broun of the 46th OCONEE COUNTY
A bill to be entitled an Act to provide that the judge of the Probate Court of Oconee County shall no longer serve as chief magistrate of the Magistrate Court of Oconee County; to provide for the appointment of a new chief magistrate; to provide for the terms, filling of vacancies, and compensation of the chief magistrate; to provide for the appointment of other magistrates; to provide for the appointment of other court personnel and constables; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 1347

Ragan of the 11th MILLER COUNTY

A bill to be entitled an Act to amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, particularly by an Act approved March 1986, p. 3917), so as to reapportion the education districts in said county; to provide for submission; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate
Thomas,D Thomas,N Y Thomas,R Y Thompson Walker Y Williams

On the passage of the local bills, the yeas were 51, nays 0.

The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE RULES CALENDAR

Monday, February 28, 2000 TWENTY-SEVENTH LEGISLATIVE DAY

HB 509 SB 459

Georgia Conservation District Act; enact (Substitute) (S Judy-40th) Jamieson-22nd Lobbyists-registration fees (Floor Substitute)(Ethics-44th)

SB 425 Brokerage Relationships in Real Estate Transactions Act-revise (Amendment) (Judy-3rd)

HB 1217 Bona fide conservation use property; qualified owners; family farms (F&PU-40th) Buck-135th

SB 299 Revenue Bond Law-registration of certain bonds, purchaser's request (B&FI-40th)

Monday, February 28, 2000

797

SR 87 Hooks-Coleman Auditorium at the Capitol Education Center- designate (Rules-22nd)

SR 123 Scope of Health Care Practice Study Committee-create (Rules-15th)

SB 432

Health Insurance-disclosures on health maintenance organizations, preferred provider (Substitute) (I&L-42nd)

HB 114 Alternative schools; education and attendance requirements (Ed-52nd) Mueller-152nd

SR 542 Horace E. Tate Freeway-designate (Trans-36th)

SR 374 Study Committee on School Transportation, Nutrition, Support Personnel-create (Rules-4th)

SB 45 Employees' Retirement-credit for certain Vietnam service (Substitute)(Ret-11th)

HB 1219 Property insurance provisions; heavy equipment dealers (F&PU-23rd)Jamieson-22nd

HB 658

Georgia Commission on Women; absences; residency requirement (Rules-10th) Buckner-95th

SB 408 Motor Common Carriers-certificate of insurance, lieu of bond (I&L-3rd)

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 509. By Representatives Jamieson of the 22nd, Ashe of the 46th, Cummings of the 27th and others:
A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to change certain provisions regarding historic preservation commissions and ordinances; and for other purposes.
Senate Sponsor: Senator Egan of the 40th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENTS OF AUDITS AND ACCOUNTS 254 Washington Street, S. W., Suite 214 Atlanta, Georgia 30334-8400
January 20, 1999
The Honorable Kathy Ashe State Representative Legislative Office Building, Room 409 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 509 (LC 18 9159)
Dear Representative Ashe:

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This bill would change certain provisions regarding historic preservation commissions. Specifically, this bill would allow members of these commissions to receive compensation and require members of these commissions to attend at least three hours of training approved by the Division of Historic Preservation of the Department of Natural Resources. This bill also provides for the creation of conservation district boards. These boards would be authorized to carry out several functions including: preparing an inventory of conservation districts, recommending property as conservation districts, and seeking out state and federal funds to aid in carrying out the boards' duties.
This bill would not have any significant fiscal impact to the State. Historic preservation commissions are created at the local level. Any costs incurred by the commissions or by the conservation district boards provided for in this bill would be paid by local governments. These boards would be authorized to seek out federal and state funds and the commissions would be able to receive compensation, but this bill does not provide for any State funds to be disturbed for these purposes. In addition, the Division of Historic Preservation of the Department of Natural Resources would incur no significant costs to approve training courses or to record the historic and prehistoric resources located within conservation districts as outlined in this bill.
Sincerely, /s/ Claude L. Vickers State Auditor
/s/ Tim Burgess Office of Planning and Budget
The Senate Special Judiciary Committee offered the following substitute to HB 509:
A BILL
To be entitled an Act to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to change certain provisions regarding historic preservation commissions and ordinances; to require training of commission members and staff; to change certain provisions regarding ordinance requirements; to provide for comprehensive regulation of preservation districts; to provide for a short title; to provide for definitions; to provide for exemptions; to provide for preservation district boards; to provide for powers and duties; to provide for inventory of resources; to provide for reports; to provide for ordinance requirements; to provide for notification; to provide for management plans; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, is amended by adding a new subsection at the end of Code Section 44-10-24, relating to historic preservation commissions, to be designated subsection (c), to read as follows:
"(c) Commission members shall attend at least three hours of training in historic preservation, planning, history, and design within the first 12 months of their appointment to the historic preservation commission. Annual training for preservation commission members shall be provided through the University of Georgia's Center for Continuing Education or other programs approved by the Division of Historic Preservation of the Department of Natural Resources. Commissioners in office on July 1, 2000, shall be exempt from the requirement of this subsection unless appointed for another term. The commission members may be reimbursed the expenses of such training by the governing body which appoints them."
SECTION 2.
Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 44-10-26, relating to designation of properties or districts, and inserting in its place a new paragraph (2) to read as follows:

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"(2) The commission and the local governing body shall hold a public hearing on the proposed ordinance. Notice of the hearing shall be published at least three times 15 days but not more than 45 days prior to the date of the hearing in the principal newspaper of general circulation within the municipality or county in which the property or properties to be designated or acquired are located; and written notice of the hearing shall be mailed by the commission local governing body to all owners and occupants of such properties. All the notices shall be published or mailed not less than ten 15 nor more than 20 45 days prior to the date set for the public hearing; and".
SECTION 3.
Said chapter is further amended by adding a new article at the end thereof, to be designated Article 3, to read as follows:
"ARTICLE 3
44-10-40.
This article shall be known and may be cited as the 'Georgia Preservation District Act.'
44-10-41.
As used in this article, the term:
(1) 'Commission' means a historic preservation commission created and established pursuant to Code Section 44-1024.
(2) 'Designation' and 'designated' means a decision by the local governing body of a municipality or county or groups of political subdivisions to designate by ordinance a preservation district for resource identification, evaluation, and management practices.
(3) 'Preservation district' means a geographically definable area that possesses architectural significance or cultural significance.
(4) 'Preservation district board' means in areas where a commission already exists the commission may fulfill the responsibilities of a preservation district board. In areas where there is no commission, the preservation district board shall be appointed by the local governing authority, or, in the case of multiple jurisdictions, the appointment must be ratified by resolution of all local governments naming the persons as appointees.
(5) 'Preservation district inventory' means an assessment of the natural and cultural environment in which the preservation district is located. This inventory may include soil surveys, historic resource surveys, wildlife and vegetation analyses, scenic analyses, existing planning tools, and a listing of governmental authorities which may have jurisdiction within a proposed preservation district.
(6) 'Preservation district management plan' means a document that describes recommended management strategies for the protection and perpetuation of the preservation district. Such management plan shall be approved by the preservation district board and shall be advisory only to the local governing authority.
(7) 'Significance' means features that are considered representative, unique, irreplaceable, or distinctively characteristic of an area.
44-10-42.
(a) The local governing body of a municipality or county electing to enact an ordinance to provide for the establishment, protection, enhancement, and perpetuation of a preservation district shall establish a preservation district board. Such local governing body shall determine the number of members of such board, which shall be at least three, and the length of their terms, which shall be no greater than three years. In establishing such a board and

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making appointments to it, a local governing body may seek the advice of any state or local agency, society, or organization.
(b) The local governing body of a county and the local governing body or bodies of one or more municipalities lying wholly or partially within such county may establish or designate a joint preservation district board.
44-10-43.
Any municipal, county, or joint preservation district board appointed or designated pursuant to Code Section 44-1042 shall be authorized to:
(1) Prepare an inventory of all resources within its respective preservation district boundaries and contiguous areas;
(2) Recommend to the municipal or county local governing body the designation of specific places, districts, sites, buildings, structures, works of art, farmland, natural features, or combination thereof as preservation districts;
(3) Recommend to the municipal or county local governing body that the designation of any area as a preservation district be revoked or removed;
(4) Promote the acquisition by the municipal or county local governing body of preservation easements pursuant to Code Sections 44-10-1 through 44-10-8;
(5) Conduct an educational program on preservation districts and local resources worthy of documentation, protection, and perpetuation;
(6) Make such investigations and studies of matters related to preservation districts that may be needed for producing a preservation district management plan;
(7) Seek out state and federal funds to aid in the carrying out of the preservation district board's duties and make recommendations to the local governing body concerning the most appropriate use of any funds acquired;
(8) Consult with and seek assistance from federal and state agencies, nonprofit organizations, private corporations and individuals, and citizens; and
(9) Submit to the Department of Natural Resources, Department of Community Affairs, and other involved, interested, or affected parties a description of the preservation districts and subsequent preservation district management plan.
44-10-44.
(a) The preservation district board shall make or cause to be made an investigation and shall report on the reasons the area is being considered as a preservation district. Such report shall include information obtained in the inventory conducted as part of the preservation district designation process. Such report shall be submitted to the Department of Community Affairs and the Department of Natural Resources and may be submitted to other appropriate agencies for an opportunity for comment.
(b) The historic and prehistoric resources located within the preservation district shall be recorded on Georgia Historic Resource Survey Form provided by the Division of Historic Preservation of the Department of Natural Resources.
(c) Analysis for other types of resources surveyed as part of the preservation district inventory shall be based on current information obtained from professional sources.
(d) The information compiled shall be accessible to the public and located in local libraries or governmental buildings open to the public.

Monday, February 28, 2000

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44-10-45.
(a) Ordinances for designation of a preservation district shall be subject to the following requirements:
(1) The designation of any property as part of a preservation district shall require that the designated property and district be shown on the official zoning map of the county or municipality adopting such ordinance or that, in the absence of an official zoning map, the designation of property or district be shown on a map of the county or municipality adopting such ordinance and kept by the county or municipality as a public record to provide notice of such designation in addition to other notice requirements specified;
(2) The designation of a preservation district shall describe each property to be designated, shall set forth the name or names of the owner or owners of the property, and shall include a description of the boundaries of the preservation district;
(3) The local governing body shall hold a public hearing on the proposed ordinance. Notice of the hearing shall be published in the principal newspaper of general circulation within the municipality or county in which the preservation district is located at least 15 days but not more than 45 days prior to the date of the hearing. The notice shall identify the property and state that such property is being considered for designation as a preservation district. In addition to such notice, a sign shall be conspicuously posted on the property or district for at least 45 days prior to the hearing informing the public of the place, time, date, and purpose of the hearing. After such hearing the local governing body may require the board to submit a preservation district management plan prior to adopting an ordinance designating property as a preservation district. Such plan shall be prepared as provided in subsection (b) of this Code section;
(4) The local governing body may adopt the ordinance for designation of a preservation district as prepared, adopt the ordinance with any amendments it deems necessary, or reject the proposal; and
(5) At least 30 days but not more than 90 days prior to the adoption of the ordinance, the owners and occupants of each property located within a designated preservation district shall be given written notification of such proposed designation by the local governing body.
(b) Preservation district management plans shall be developed as follows:
(1)(A) A preservation district management plan shall be completed for each district designated. The local governing authority shall require that the preservation district management plan be completed before the district is designated.
(B) Prior to approving the plan, the board or the local governing body shall hold a public hearing on the proposed plan. Notice of the public hearing shall be published in the principal newspaper of general circulation within the municipality or county in which the preservation district is located at least 15 days but not more than 45 days prior to the date of the hearing. The notice shall identify the district and state that a preservation district management plan is being developed for the area. In addition to the notice a sign shall be conspicuously posted on the property or in the district for at least 45 days prior to the hearing informing the public of the place, time, date, and purpose of the hearing.
(C) The preservation district management plan shall address issues pertaining to the identification, protection, and perpetuation of the resources that caused the area to be designated as a preservation district.
(D) If the local governing body elects to implement all or any part of the management plan, it shall do so by adopting an appropriate ordinance or ordinances.
(2) The preservation district management plan shall be compatible with any comprehensive plans, master plans, or documents related to community development, natural systems, or land management in the jurisdiction where the preservation district is located. To the extent possible, the preservation district management plan shall reference and be referenced in all relevant documents;

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(3) The preservation district management plan shall be circulated for comments from local governmental units, state and federal agencies, nonprofit organizations and citizens, as appropriate, and shall be updated periodically; and

(4) No preservation district management plan or ordinance adopting such plan shall include any property with respect to which the owner thereof has filed a written objection prior to the adoption of the ordinance.

44-10-46.

While all utilities partially or fully regulated by the Public Service Commission are exempt from any regulatory actions that may be promulgated as a result of a preservation district management plan, such utilities are encouraged to participate in the process of analysis and consideration of resources within preservation districts."
SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T
Ragan Y Ray Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y 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 by substitute.
Senator James of the 35th recognized members of Georgia Outreach Parent Training Network, commended by SR 616, adopted previously.
The Calendar was resumed.

SB 459. By Senators Starr of the 44th, Walker of the 22nd, Johnson of the 1st and Thompson of the 33rd:

A bill to be entitled an Act to amend Code Section 21-5-71 of the Official Code of Georgia Annotated, relating to registration of and reporting by lobbyists, so as to provide for fees to be charged and collected for registration of lobbyists; to eliminate fees for lobbyist identification cards; to provide for

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late fees for filing of untimely reports; to authorize changes in such fees under certain circumstances by rule or regulation of the State Ethics Commission; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Senator Starr of the 44th offered the following substitute to SB 459:
A BILL
To be entitled an Act to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to regulation of lobbyists and lobbying, so as to change provisions relating to required registrations and supplemental registrations; to provide for fees to be charged and collected for registration of lobbyists; to provide for late fees for untimely filings; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to regulation of lobbyists and lobbying, is amended by striking subsections (b) and (c) of Code Section 21-5-71, relating to registration of lobbyists, and inserting in their place new subsections to read as follows:
"(b) Each lobbyist shall file an application for registration with the commission. The initial application shall be for the lobbyist's representation of a single entity. For each additional entity represented by the lobbyist, he or she shall file a supplemental registration as provided in subsection (c) of this Code section. The application shall be verified by the applicant and shall contain:
(1) The applicant's name, address, and telephone number;
(2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf;
(3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents;
(4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; and
(5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf.
(c) The lobbyist shall file a supplemental registration for each additional entity represented and shall also, within seven days of any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), and (4) of subsection (b) of this Code section."
SECTION 2.
Said article is further amended by striking subsection (f) of said Code Section 21-5-71 and inserting new subsections (e.1) and (f) to read as follows:
"(f)(e.1)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees. and a person

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employed by an organization exempt from federal income taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, shall be exempted from payment of such registration fees except for payment of an initial registration fee of $25.00.
(2) The commission shall collect the following fees:
(A) Annual Initial lobbyist registration filed pursuant to this Code section for representation of a single entity.......................................................................................................$ 200.00 $ 45.00
(B) (B) Lobbyist supplemental registration filed pursuant to this Code section for each additional entity or for a change or addition to a prior registration...........................................................10.00 45.00
(C)-Each lobbyist identification card issued pursuant to this Code section........................ 5.00
(D)(C) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed.
(f) Reserved."
SECTION 3.
This Act shall become effective on July 1, 2000, and shall apply to registrations filed on or after that effective date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
Pursuant to Senate Rule 143, action on SB 459 was suspended, and the bill was placed on the Senate General calendar.
SB 425. By Senators Kemp of the 3rd, Brown of the 26th, Ray of the 48th and others:
A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to revise extensively the "Brokerage Relationships in Real Estate Transactions Act;" to revise and add definitions; to change the duties owed by a broker to a client, customer, seller, buyer, tenant, or landlord; to change disclosure provisions; to change the standard of skill in some circumstances; to provide for a duty of keeping certain information confidential; to provide for exceptions; to provide for a duty to disclose certain material facts regarding adverse physical conditions in the neighborhood of a property; to change provisions regarding a broker's liability for providing false information; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following amendment:
Amend SB 425 by striking from line 1 of page 7 the following:
"crime statistics;"
By striking from line 30 of page 9 the following: "crime statistics;".
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

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805

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Williams of the 6th introduced the doctor of the day, Dr. Diane Campbell.

The Calendar was resumed.

HB 1217. By Representatives Buck of the 135th, Royal of the 164th, Heard of the 89th and Jamieson of the 22nd:

A bill to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property and residential transitional property, so as to change the provisions relating to qualification of property as bona fide conservation use property; to change the provisions relative to the ownership of such property and the gross income derived by a family owned farm entity; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

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:

Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr

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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 Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Stephens Stokes
Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 299. By Senator Egan of the 40th:

A bill to be entitled an Act to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the "Revenue Bond Law," so as to provide for registration of certain bonds upon the purchaser's request; to provide that such bonds shall be inscribed with the purchaser's name and mailed to the purchaser; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senator Egan of the 40th offered the following amendment:

Amend SB 299 on lines 5 and 19 strike "mailed" and substitute "delivered".

On the adoption of the amendment, the yeas were 45, 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:

Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Walker Y Williams

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807

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended .

SR 87.

By Senators Walker of the 22nd, Johnson of the 1st, Ragan of the 11th and others:

A resolution designating the Hooks-Coleman Auditorium at the Capitol Education Center.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown
Brush Y Burton Y 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 C Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Price,R Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 123.

By Senators Harbison of the 15th and Walker of the 22nd: A resolution creating the Senate Scope of Health Care Practice Study Committee.

Senators Harbison of the 15th and Dean of the 31st offered the following amendment:

Amend SR 123 by striking on line 5 page 2 "1999" and by adding in lieu thereof "2000". By striking on line 6 page 2 "1999" and adding in lieu thereof "2000".

On the adoption of the amendment, the yeas were 33, nays 4, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun

Y Harbison Y Hecht Y Hill Y Hooks

N Price,R Y Price,T Y Ragan Y Ray

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Y Brown Y Brush Y Burton Y Butler N Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen
Perdue Y Polak

Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 48, nays 4.

The resolution, having received the requisite constitutional majority, was adopted as amended.

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 1187.

By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th and others:

A bill to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary level; to provide for a short title; to amend Code Section 15-11-15 of the Official Code of Georgia Annotated, 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.

The following bill was taken up to consider House action thereto:

HB 1187. By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th and others:

A bill to be entitled an Act to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary levels; to provide for a short title; to amend Code Section 15-11-15 of the Official Code of Georgia Annotated, 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 repeal Article 4 of said chapter, relating to local school trustees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes

Senator Thompson of the 33rd moved that the Senate insist on its substitute to HB 1187.

On the motion, the yeas were 38, nays 3; the motion prevailed, and the Senate insisted on its substitute to HB 1187.

The Calendar was resumed.

Monday, February 28, 2000

809

SB 432. By Senators Polak of the 42nd, Thomas of the 10th and Thomas of the 54th:
A bill to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for additional disclosures in managed care plans and preferred provider arrangements; to provide for physician fees and negotiations in such plans and arrangements; to provide for denial of services in such plans and arrangements and provide for appeals of such denials; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
The Senate Insurance and Labor Committee offered the following substitute to SB 432:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for additional disclosures in managed care plans and preferred provider arrangements; to provide for physician fees and negotiations in such plans and arrangements; to provide for denial of services in such plans and arrangements and provide for appeals of such denials; to provide for applicability and 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 3320A-5, relating to standards for certification of managed care plans, and inserting in its place the following:
"33-20A-5.
The Commissioner shall establish standards for the certification of qualified managed care plans that conduct business in this state. Such standards must include the following provisions:
(1) Disclosure to enrollees and prospective enrollees.
(A) A managed care entity shall disclose to enrollees and prospective enrollees who inquire as individuals into a plan or plans offered by the managed care entity the information required by this paragraph. In the case of an employer negotiating for a health care plan or plans on behalf of his or her employees, sufficient copies of disclosure information shall be made available to employees upon request. Disclosure of information under this paragraph shall be readable, understandable, and on a standardized form containing information regarding all of the following for each plan it offers:
(i) The health care services or other benefits under the plan offered as well as limitations on services, kinds of services, benefits, or kinds of benefits to be provided, which disclosure may also be published on an Internet service site made available by the managed care entity at no cost to such enrollees;
(ii) Rules regarding copayments, prior authorization, or review requirements including, but not limited to, preauthorization review, concurrent review, postservice review, or postpayment review that could result in the patient's being denied coverage or provision of a particular service;
(iii) Potential liability for cost sharing for out of network services, including but not limited to providers, drugs, and devices or surgical procedures that are not on a list or a formulary;
(iv) The financial obligations of the enrollee, including premiums, deductibles, copayments, and maximum limits on out-of-pocket expenses for items and services (both in and out of network);
(v) The number, mix, and distribution of participating providers. An enrollee or a prospective enrollee shall be entitled to a list of individual participating providers upon request, and the list of individual participating providers

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shall also be updated at least every 30 days and may be published on an Internet service site made available by the managed care entity at no cost to such enrollees;
(vi) Enrollee rights and responsibilities, including an explanation of the grievance process provided under this article;
(vii) An explanation of what constitutes an emergency situation and what constitutes emergency services;
(viii) The existence of any limited utilization incentive plans;
(ix) The existence of restrictive formularies or prior approval requirements for prescription drugs. An enrollee or a prospective enrollee shall be entitled, upon request, to a description of specific drug and therapeutic class restrictions;
(x) The existence of limitations on choices of health care providers;
(xi) A statement as to where and in what manner additional information is available;
(xii) A statement that a summary of the number, nature, and outcome results of grievances filed in the previous three years shall be available for inspection. Copies of such summary shall be made available at reasonable costs; and
(xiii) A summary of any agreements or contracts between the managed care plan and any health care provider or hospital as they pertain to the provisions of Code Sections 33-20A-6 and 33-20A-7. Such summary shall not be required to include financial agreements as to actual rates, reimbursements, charges, or fees negotiated by the managed care plan and any health care provider or hospital; provided, however, such summary may include a disclosure of the category or type of compensation, whether capitation, fee for service, per diem, discounted charge, global reimbursement payment, or otherwise, paid by the managed care plan to each class of health care provider or hospital under contract with the managed care plan.
(B) Such information shall be disclosed to each enrollee under this article at the time of enrollment and at least annually thereafter.
(C) Any managed care plan licensed under Chapter 21 of this title is deemed to have met the certification requirements of this paragraph;.
(D) A managed care entity which negotiates with a primary care physician to become a health care provider under a managed care plan shall furnish that physician, beginning on and after January 1, 2001, with a schedule showing fees payable for common office based services provided by such physicians under the plan;
(2) Access to services. A managed care entity must demonstrate that its plan:
(A) Makes benefits available and accessible to each enrollee electing the managed care plan in the defined service area with reasonable promptness and in a manner which promotes continuity in the provision of health care services;
(B) When medically necessary provides health care services 24 hours a day and seven days a week;
(C) Provides payment or reimbursement for emergency services and out-of-area services; and
(D) Complies with the provisions of Code Section 33-20A-9.1 relating to nomination and reimbursement of out of network health care providers and hospitals; and
(3) Quality assurance program. A managed care plan shall comply with the following requirements:
(A) A managed care plan must have arrangements, established in accordance with regulations of the Commissioner, for an ongoing quality assurance program for health care service it provides to such individuals; and

Monday, February 28, 2000

811

(B) The quality assurance program shall:
(i) Provide for a utilization review program which, in addition to the requirements of Chapter 46 of this title:
(I) Stresses health outcomes;
(II) Provides for the establishment of written protocols for utilization review, based on current standards of the relevant health care profession;
(III) Provides review by physicians and appropriate health care providers of the process followed in the provision of such health care services;
(IV) Monitors and evaluates high volume and high risk services and the care of acute and chronic conditions;
(V) Evaluates the continuity and coordination of care that enrollees receive; and
(VI) Has mechanisms to detect both underutilization and overutilization of services; and
(ii) Establish a grievance procedure which provides the enrollee with a prompt and meaningful hearing on the issue of denial, in whole or in part, of a health care treatment or service or claim therefor. Such hearing shall be conducted by a panel of not less than three persons, at least one member of which shall be a physician other than the medical director of the plan and at least one member of which shall be a health care provider competent by reason of training and licensure in the treatment or procedure which has been denied. The enrollee shall be provided prompt notice in writing of the outcome of the grievance procedure. In the event the outcome of the grievance is favorable to the enrollee, appropriate relief shall be granted without delay. In the event the outcome is adverse to the enrollee, the notice shall include specific findings related to the care, the policies and procedures relied upon in making the determination, the physician's and provider's recommendations, including any recommendations for alternative procedures or services, and a description of the procedures, if any, for reconsideration of the adverse decision."
SECTION 2.
Said title is further amended by striking Code Section 33-30-23, relating to standards for preferred provider arrangements, and inserting in its place the following:
"33-30-23.
(a) Notwithstanding any provisions of law to the contrary, any health care insurer may enter into preferred provider arrangements as provided in this article. Such arrangements shall:
(1) Establish the amount and manner of payment to the preferred provider;
(2) Include fair, reasonable, and equitable mechanisms for the assignment and payment of benefits to nonpreferred providers; and
(3)(A) Include mechanisms which are designed to minimize the cost of the health benefit plan such as the review or control of utilization of health care services.
(B) Include procedures for determining whether health care services rendered are medically necessary.;
(4) Provide to covered persons eligible to receive health care services under that arrangement a statement of benefits under the arrangement and, at least every 60 days, an updated listing of physicians who are preferred providers under the arrangement, which statement and listing may be made available by mail or by publication on an Internet service site made available by the health care insurer at no cost to such covered persons; and

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(5) Require that the covered person, or that person's agent, parent, or guardian if the covered person is a minor, be permitted to appeal to a physician agent or employee of the health care insurer any decision to deny coverage for health care services recommended by a physician.
(b) Such arrangements shall not:
(1) Unfairly deny health benefits for medically necessary covered services;
(2) Have differences in benefit levels payable to preferred providers compared to other providers which unfairly deny benefits for covered services;
(3) Have differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers which differ by more than 30 percentage points;
(4) Have a coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers which exceeds 40 percent of the benefit levels under the policy for such services; and
(5) Have an adverse effect on the availability or the quality of services.; and
(6) Be a result of a negotiation with a primary care physician to become a preferred provider unless that physician shall be furnished, beginning on and after January 1, 2001, with a schedule showing common office based fees payable for services under that arrangement.
(c)(1) Notwithstanding the provisions of paragraphs (3) and (4) of subsection (b) of this Code section, health benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall contain a provision which clearly identifies that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for the dental or pharmaceutical services rendered.
(2) Notwithstanding any provisions of this title to the contrary, paragraphs (3) and (4) of subsection (b) of this Code section shall not apply to routine physical examinations covered under a health benefit plan.
(d) If an entity enters into a contract providing covered services with a health care provider, but is not engaged in activities which would require it to be licensed as a health care insurer, such entity shall file with the Commissioner information describing its activities and a description of the contract or agreement it has entered into with the health care providers. Employers who enter into contracts with health care providers for the exclusive benefit of their employees and dependents are exempt from this requirement.
(e) Any other provision of law to the contrary notwithstanding, if a covered person provides in writing to a health care provider, whether the health care provider is a preferred provider or not, that payment for health care services shall be made solely to the health care provider and be sent directly to the health care provider by the health care insurer, and the health care provider certifies to same upon filing a claim for the delivery of health care services, the health care insurer shall make payment solely to the health care provider and shall send said payment directly to the health care provider. This subsection shall not be construed to extend coverages or to require payment for services not otherwise covered."
SECTION 3.
This Act shall become effective July 1, 2000, and shall be applicable to any contract, policy, or other agreement of a managed care plan or preferred provider arrangement if such contract, policy, or agreement provides for health care services or reimbursement therefor and is issued, issued for delivery, delivered, renewed, or executed on or after July 1, 2000.
SECTION 4.

Monday, February 28, 2000

813

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 114. By Representatives Mueller of the 152nd, Manning of the 32nd, Stancil of the 16th and others:

A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that alternative school programs shall be subject to the same mandatory education and attendance requirements as public schools; and for other purposes.

Senate Sponsor: Senator Marable of the 52nd.

Senators Marable of the 52nd and Dean of the 31st offered the following amendment :

Amend HB 114 by striking line 24 of page 3 and inserting in lieu thereof the following:

"this state who has control or charge of such child. Nothing in this Code section shall be construed to require a local board of education or its delegate to assign a child to attend an alternative public school program rather than suspending or expelling the child.'".
By striking the number "1999" on line 26 of page 3 and inserting in lieu thereof the number "2000".

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, was agreed to as amended.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T
Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SR 542. By Senators Scott of the 36th, Tate of the 38th, Fort of the 39th and others:

A resolution honoring Dr. Horace E. Tate and designating the Horace E. Tate Freeway; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Balfour Blitch Y Bowen Y Broun Y Brown Brush Burton Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Price,T
Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker
Williams

On the adoption of the resolution, the yeas were 45, nays 0.

Monday, February 28, 2000

815

The resolution, having received the requisite constitutional majority, was adopted.

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.

Senator Hill of the 4th offered the following amendment:

Amend SR 374 on page 2, lines 18-20 by deleting existing language and inserting after "before" December 31, 2000. The Committee shall stand abolished on December 31, 2000.

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 48, nays 3.

The resolution, having received the requisite constitutional majority, was adopted as amended.

Senator Starr of the 44th assumed the Chair.

SB 45.

By Senator Ragan of the 11th:

A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain military service for persons who became members of such retirement system prior to July 1, 1982, so as to provide that persons otherwise eligible to receive creditable service for military service during the Vietnam Conflict may do so by making application prior to December 31, 2000.

The following Fiscal Note, as required by law, was read by the Secretary:

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DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S. W., Suite 214 Atlanta, Georgia 30334-8400
January 14, 1999
The Honorable Harold Ragan State Senator State Capitol, Suite 421-B Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Senate Bill 45 (LC 21 5136)
Dear Senator Ragan:
This bill would allow persons who were members of the Employee's Retirement System prior to July 1, 1982 to receive creditable service for military service during the Vietnam Conflict, provided they apply prior to December 31, 2000. Current provisions established a deadline of July 2, 1991.
This is to certify that this retirement bill is a fiscal bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
/s/ Claude Vickers State Auditor
The Senate Retirement Committee offered the following substitute to SB 45:
A BILL
To be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide for creditable service for military service during the Vietnam Conflict; to provide for the payment of employer and employee contributions and interest; to provide an effective date and conditions for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by striking in its entirety subsection (f) of Code Section 47-2-96, relating to creditable service in the Employees' Retirement System of Georgia for military service during the Vietnam Conflict for persons who became members of such retirement system prior to July 1, 1982, and inserting in lieu thereof the following:
"(f) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States during the period of the Vietnam Conflict may receive military service credit for such period of active duty up to a maximum of five years, provided that such member shall pay the regular employee contribution of 5 percent on the compensation last paid to him or her as an employee before entering military service or 5 percent on the compensation first paid to him or her as an employee after returning from military service, plus 4 1/2 percent interest on such employee contributions, compounded annually to date of payment; provided, further, that no service in the armed forces shall be deemed as creditable under any provisions of this chapter if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. For the purposes of this subsection, the period of the Vietnam Conflict shall extend from August 5, 1964, through May 7, 1975. Notwithstanding any other time limitation provided in this

Monday, February 28, 2000

817

chapter for obtaining creditable service for military service, a qualified member may obtain creditable service pursuant to the provisions of this subsection by making application therefor prior to December 31, 2000."
SECTION 2.
Said chapter is further amended by striking in its entirety paragraph (2) of subsection (f) of Code Section 47-2-334, relating to service retirement and related matters relative to certain employees, and inserting in lieu thereof the following:
"(2) Except as otherwise provided in Code Sections 47-2-96, 47-2-96.1, 47-2-96.2, 47-2-204, 47-2-225, and 47-2266 and paragraph (3) of this subsection, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and"
SECTION 3.
This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400

October 29, 1999

Honorable Sonny Huggins, Chairman Senate Retirement Committee Legislative Office Building, Suite 313-B Atlanta, Georgia 30334

SUBJECT:

Actuarial Investigation Senate Bill 45 (LC 21 5600S) Employees' Retirement System

Dear Chairman Huggins:

This bill would allow members of the Employees' Retirement System to obtain creditable service for military service during the Vietnam Conflict. The maximum amount of creditable service that may be earned is five years, and members must apply for such creditable service prior to December 31, 2000. In order to obtain such creditable service, the member must pay five percent of the compensation last paid to such member as an employee before entering military service or five percent of the compensation first paid to such member as an employee after returning from military service, plus interest. It should be noted that members are not eligible to obtain creditable service if such time is used for determining benefits in any other state or federal retirement system.

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The first year cost of this legislation would be $3,450,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. The first year cost represents .15% of the current projected payroll of $2,300,000,000 and is the cost required each year for the next 20 years to amortize the unfunded actuarial accrued liability. This estimate is based on the assumption that 25% of the male members of the Employees' Retirement System who are potentially eligible will purchase two years of creditable service. The cost of this legislation would increase if a greater percentage of members who are potentially eligible elect to purchase creditable service. The estimated cost is also based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs would be paid through state appropriations.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

$ 44,186,000

$

3,450,000

20

(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$

0

14.50%

14.65%

$

3,450,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely, /s/ Russell W. Hinton State Auditor

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 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 Y Brown Y Brush Y Burton

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS)

Monday, February 28, 2000

819

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 Johnson,E Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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 1219. By Representatives Jamieson of the 22nd, Smyre of the 136th, Benefield of the 96th and others:

A bill to be entitled an Act to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide that the requirements thereof shall not apply to dealers of certain heavy equipment; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Cheeks of the 23rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun
Brown 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,E Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 658. By Representatives Buckner of the 95th, Manning of the 32nd, McBee of the 88th and others:

A bill to amend Code Section 50-12-80 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Commission on Women, so as to change provisions relating to the terms of membership; to provide for the removal of members for four consecutive unexcused absences; to require full-time Georgia residency; and for other purposes.

Senate Sponsor: Senator Thomas of the 10th.

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 Y Brown
Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 408. By Senators Kemp of the 3rd and Meyer von Bremen of the 12th:

A bill to be entitled an Act to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common carriers, so as to allow filing a certificate of insurance in lieu of a bond for the protection of the public and of passengers and baggage or for the owner or person entitled to recover for loss of or damage to freight; to provide for filing by the insurer and the effect of failure to file any form required by the commission; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush

Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith

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821

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 James Y Johnson,E Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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.

Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow.

The motion prevailed, and the President Pro Tempore announced the Senate adjourned at 12:15 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, February 29, 2000
Twenty-eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
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 1600.

By Representative Reece of the 11th:
A bill to create a board of elections and registration for Chattooga County and provide for its powers and duties.

SB 386.

By Senator Jackson of the 50th:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Dahlonega, as amended, so as to change the provisions relating to terms of office of the mayor and councilmembers; to change the provisions relating to elections; to provide for elections by plurality vote; to correct certain citations; to repeal conflicting laws.

HB 1346.

By Representatives Martin of the 47th, Bordeaux of the 151st, Allen of the 117th and others:
A bill to enact the "Civil Litigation Improvement Act of 2000"; to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to supersedeas in civil cases and supersedeas bonds, so as to provide a maximum amount for a supersedeas bond for the punitive damages portion of a civil judgment; to provide for exceptions; to amend Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to venue regarding business corporations, so as to change venue provisions relating to corporations.

HB 1358.

By Representatives McBee of the 88th, Buck of the 135th, Porter of the 143rd and others:
A bill to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Technical and Adult Education and the director of University of Georgia Libraries and reports of state publications, so as to provide that any person or agency required to submit to the director of the University of Georgia Libraries copies of documents shall also submit such documents in electronic form if such is available.

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823

HB 1097.

By Representatives Hugley of the 133rd, Mobley of the 69th, Taylor of the 134th and others:
A bill to amend Code Section 16-5-90 of the Official Code of Georgia Annotated, relating to stalking, so as to provide additional definitions; to prohibit certain contact including but not limited to communication in person, by telephone, by broadcast, by computer, by computer network, or by any other electronic device.

HB 679.

By Representatives McBee of the 88th, Floyd of the 138th and Powell of the 23rd:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability insurance policies, so as to change certain provisions relating to uninsured motorist coverage; to amend Code Section 40-9-37 of the Official Code of Georgia Annotated, relating to requirements for liability insurance policies, so as to provide for liability requirements as to certain vehicles.

HB 1180.

By Representative Parham of the 122nd:
A bill to amend Code Section 40-6-45 of the Official Code of Georgia Annotated, relating to further limitations on driving on left of center of roadway, so as to change certain provisions relating to intersections and railroad grade crossings.

HB 122.

By Representatives Rogers of the 20th, Powell of the 23rd and Parham of the 122nd:
A bill to amend Code Section 40-5-35 of the Official Code of Georgia Annotated, relating to reports by physicians and vision specialists and procedures when persons are found unqualified to be licensed to operate motor vehicles, so as to change certain provisions relating to regulations of the Board of Public Safety governing disqualifications for certain disorders and disabilities.

HB 1031.

By Representatives Bannister of the 77th, Cummings of the 27th, Shanahan of the 10th and others:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to eligibility and application for a retirement allowance under the Georgia Legislative Retirement System and related matters, so as to authorize the board of trustees of such retirement system to grant a discretionary increase in such allowance.

HB 1439.

By Representatives Royal of the 164th, Jamieson of the 22nd, Walker of the 141st and others:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to provide for comprehensive regulation of maps, surveys, and reports with respect to annexed areas; to provide for procedures; to change certain provisions regarding prohibitions with respect to the creation of unincorporated islands; to change certain provisions regarding notice of proposed annexations.

HB 887.

By Representatives Hudson of the 156th, Ray of the 128th, Parrish of the 144th and others:
A bill to amend Article 1 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Firefighter's Pension Fund, so as to expand the scope of fire fighters eligible to become members of the fund; to change a certain definition; to repeal Code Section 47-7-2, relating to the purpose of the fund.

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HB 1306.

By Representatives Davis of the 132nd, Jamieson of the 22nd, Taylor of the 134th and others:
A bill to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school".

HB 1311.

By Representatives Jenkins of the 110th, Twiggs of the 8th and Day of the 153rd:
A bill to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of the Georgia Emergency Management Agency, so as to provide for the licensing of nongovernmental search and rescue dog teams; to prohibit the performance of any rescue or emergency management activity by such nongovernmental search and rescue dog teams unless licensed.

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 1187.

By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th and others:
A bill to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary level; to provide for a short title; to amend Code Section 15-11-15 of the Official Code of Georgia Annotated, 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.

The Speaker has appointed on the part of the House, Representatives Smith of the 175th, Jamieson of the 22nd and Skipper of the 137th.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 1081.

By Representatives Parrish of the 144th, Childers of the 13th, Smith of the 12th and others:

A resolution authorizing the conveyance of certain state owned real property located in Emanuel County; authorizing the conveyance of certain state owned property located in Floyd County; authorizing the conveyance of certain state owned real property in Gordon County.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 505. By Senators Starr of the 44th and Hecht of the 34th:

A bill to be entitled an Act to provide for the authority of the governing authority of Clayton County to request that the election superintendent of Clayton County call and conduct an advisory election for the purpose of submitting to the electors of Clayton County for approval or rejection the question of whether to fund a bus transportation system in Clayton County; to specify the form of the ballot; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

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825

SB 506. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to be entitled an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $7,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SB 507. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Conyers," approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended, so as to change the jurisdiction of the Municipal Court of the City of Conyers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SB 508. By Senators Gingrey of the 37th, Lamutt of the 21st and Tanksley of the 32nd:
A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the chief judge, judges, and associate judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SB 509. By Senator Kemp of the 3rd:
A bill to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of McIntosh County; to provide for terms of office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SB 510. By Senator Price of the 56th:
A bill to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for creation of municipal and county code enforcement boards; to provide for intent of the General Assembly; to provide for definitions; to provide for organization of local government code enforcement boards; to provide for an enforcement procedure; to provide for conduct of hearings; to provide for powers of enforcement boards; to provide for administrative fines and liens; to provide for duration of liens; to provide for appeals; to provide for methods of giving notices; to provide that provisions of the Act are supplemental; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 511. By Senators Price of the 56th, Hecht of the 34th, Ray of the 48th and others:
A bill to be entitled an Act to provide for a homestead exemption from certain Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to

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provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 512. By Senator James of the 35th:
A bill to be entitled an Act to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to prohibit the retaliatory eviction of a mobile home owner by a landlord of a mobile home park; to provide definitions; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 513. By Senator Price of the 56th:
A bill to be entitled an Act to amend Code Section 43-9-12 of the Official Code of Georgia Annotated, relating to disciplinary sanctions for chiropractors, so as to provide for changes in such sanctions imposed; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
SR 628. By Senator Scott of the 36th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SR 630. By Senators Meyer von Bremen of the 12th, Ragan of the 11th, Hill of the 4th and others:
A resolution expressing concern about the GeorgiaGain employee evaluation system and urging adoption of an appeals procedure therefor; and for other purposes.
Referred to the Committee on Rules.
The following bills and resolution of the House were read the first time and referred to committees:
HB 122. By Representatives Rogers of the 20th, Powell of the 23rd and Parham of the 122nd:
A bill to amend Code Section 40-5-35 of the Official Code of Georgia Annotated, relating to reports by physicians and vision specialists and procedures when persons are found unqualified to be licensed to operate motor vehicles, so as to change certain provisions relating to regulations of the Board of Public Safety governing disqualifications for certain disorders and disabilities; and for other purposes.
Referred to the Committee on Public Safety.
HB 679. By Representatives McBee of the 88th, Floyd of the 138th and Powell of the 23rd:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability insurance policies, so as to change certain provisions relating to uninsured motorist coverage; to amend Code Section 40-9-37 of the Official Code of Georgia Annotated, relating to requirements for liability insurance policies, so as to provide for liability requirements as to certain vehicles; and for other purposes.
Referred to the Committee on Insurance and Labor.

Tuesday, February 29, 2000

827

HB 887. By Representatives Hudson of the 156th, Ray of the 128th, Parrish of the 144th and others:
A bill to amend Article 1 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Firefighter's Pension Fund, so as to expand the scope of fire fighters eligible to become members of the fund; to change a certain definition; to repeal Code Section 47-7-2, relating to the purpose of the fund; and for other purposes.
Referred to the Committee on Retirement.

HB 1031. By Representatives Bannister of the 77th, Cummings of the 27th, Shanahan of the 10th and others:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to eligibility and application for a retirement allowance under the Georgia Legislative Retirement System and related matters, so as to authorize the board of trustees of such retirement system to grant a discretionary increase in such allowance; and for other purposes.
Referred to the Committee on Retirement.

HB 1097. By Representatives Hugley of the 133rd, Mobley of the 69th, Taylor of the 134th and Davis of the 132nd:
A bill to amend Code Section 16-5-90 of the Official Code of Georgia Annotated, relating to stalking, so as to provide additional definitions; to prohibit certain contact including but not limited to communication in person, by telephone, by broadcast, by computer, by computer network, or by any other electronic device; and for other purposes.
Referred to the Committee on Judiciary.

HB 1180. By Representative Parham of the 122nd:
A bill to be entitled an Act to amend Code Section 40-6-45 of the Official Code of Georgia Annotated, relating to further limitations on driving on left of center of roadway, so as to change certain provisions relating to intersections and railroad grade crossings; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.

HB 1306. By Representatives Davis of the 132nd, Jamieson of the 22nd, Taylor of the 134th and others:
A bill to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.

HB 1311. By Representatives Jenkins of the 110th, Twiggs of the 8th and Day of the 153rd:
A bill to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of the Georgia Emergency Management Agency, so as to provide for the licensing of nongovernmental search and rescue dog teams; to prohibit the performance of any rescue or emergency management activity by such nongovernmental search and

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rescue dog teams unless licensed; to provide for a registry of governmental and nongovernmental search and rescue dog teams; to require certain information to be provided to the Georgia Emergency Management Agency; to authorize the director of emergency management to provide for training and licensing standards by rules and regulations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 1346. By Representatives Martin of the 47th, Bordeaux of the 151st, Allen of the 117th and others:
A bill to be entitled an Act to enact the "Civil Litigation Improvement Act of 2000"; to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to supersedeas in civil cases and supersedeas bonds, so as to provide a maximum amount for a supersedeas bond for the punitive damages portion of a civil judgment; to provide for exceptions; to amend Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to venue regarding business corporations, so as to change venue provisions relating to corporations; to provide for transfer of certain cases upon motion by a party; to provide for the burden of proof; to provide for findings of the trial court required to transfer a case; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1358. By Representatives McBee of the 88th, Buck of the 135th, Porter of the 143rd and others:
A bill to be entitled an Act to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Technical and Adult Education and the director of University of Georgia Libraries and reports of state publications, so as to provide that any person or agency required to submit to the director of the University of Georgia Libraries copies of documents shall also submit such documents in electronic form if such is available; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 1439. By Representatives Royal of the 164th, Jamieson of the 22nd, Walker of the 141st and others:
A bill to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to provide for comprehensive regulation of maps, surveys, and reports with respect to annexed areas; to provide for procedures; to change certain provisions regarding prohibitions with respect to the creation of unincorporated islands; to change certain provisions regarding notice of proposed annexations; to repeal certain restrictions regarding annexation of unincorporated islands; to change the definition of contiguous area with respect to the 100 percent method of annexation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
HB 1600. By Representative Reece of the 11th:
A bill to be entitled an Act to create a board of elections and registration for Chattooga County and provide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the chairperson and the powers and duties of such chairperson; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

Tuesday, February 29, 2000

829

HR 1081. By Representatives Parrish of the 144th, Childers of the 13th, Smith of the 12th and Shanahan of the 10th:

A resolution authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia; authorizing the conveyance of certain state owned property located in Floyd County, Georgia; authorizing the conveyance of certain state owned real property in Gordon County, Georgia; and for other purposes.
Referred to the Committee on Finance and Public Utilities.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Ethics has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 489. Do pass.

Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Health and Human Services has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 144. Do pass by substitute. SR 556. Do pass.

Respectfully submitted, Senator Stokes of the 43rd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 228. Do pass by substitute. SB 326. Do pass. SB 376. Do pass as amended. SB 426. Do pass. SB 486. Do pass. SB 487. Do pass.

Respectfully submitted, Senator Kemp of the 3rd District, Chairman

The following bill was read the second time:

SB 445
Senator Tanksley of the 32nd moved that Senator Thompson of the 33rd be excused. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Thompson was excused.

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The roll was called and the following Senators answered to their names:

Balfour Bowen Broun Brown Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden

Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer v Bremen

Perdue Polak Price,R Price,T Ragan Ray Smith Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,N Walker Williams

Those not answering were:

Blitch Scott Thomas, R. Thompson (Excused)

The members pledged allegiance to the flag.

Prayer was offered by Dr. Rodger Whorton, pastor of Good Hope Baptist Church of Dalton, Georgia.

Senator Hill of the 4th commended the Georgia Rural Health Association and explained "Rural Crisis Day", designated by SR 590, adopted previously.

The following resolutions were read and adopted:

SR 629. By Senators Thomas of the 2nd and Johnson of the 1st:

A resolution recognizing and honoring the Chairman, the Grand Marshal, and other representatives of the Savannah St. Patrick's Day Parade Committee; and for other purposes.

SR 631. By Senator Polak of the 42nd:

A resolution commending Andrew Hudson Senter on becoming an Eagle Scout; and for other purposes.

SR 632. By Senator Polak of the 42nd:

A resolution recognizing March 9, 2000, as "The American Electronics Association's High-Tech Day" in Georgia and commending Georgia's high technology leaders for their efforts in making Georgia one of the front-runners in employment growth in the technology industry nationwide; and for other purposes.

Senator Lee of the 29th introduced the doctor of the day, Dr. Daniel Guy.

Tuesday, February 29, 2000

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Tuesday, February 29, 2000 TWENTY-EIGHTH LEGISLATIVE DAY
SB 459 Lobbyists-registration fees (Floor Substitute) (Ethics-44th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 28, 2000.) SB 429 Sentence and Punishment-relating to earned time allowances (Corr-32nd)
HB 1159 Income tax; taxable net; retirement income exclusion (F&PU-41st) Birdsong-123rd (ENGROSSED IN HOUSE)
HB 1273 Alcoholic beverages; certain purchases; quantity limits (V&CA-15th) Buck-135th (ENGROSSED IN HOUSE)
SB 401 Local School Systems-student suspension, injury to teacher (Substitute) (Ed-44th)
HB 1286 Commerce and trade; noninsurance; discount cards (Substitute) (I&L-8th) Martin-145th SR 515 Kennedy Bridge-designate (Trans-14th)
SB 424 Medical Examiner-relating to autopsy (S Judy-10th)
HB 1153 Roads named by General Assembly or Department of Transportation; official list (Amendment) (Trans-19th) Rice-79th
HR 1029 Vietnam War; 25th observance of ending; recognize May 5-7, 2000 (V&CA-15th) Birdsong-123rd
SB 413 Forfeiture Proceedings Involving Corrupt Organizations-proceed disposition (Judy-32nd) SB 446 Aggravated Assault Upon Correctional Officer-definitions (Corr-29th)
SR 541 Leroy Johnson-Fulton Industrial Boulevard-designate (Trans-38th)

Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bill of the Senate, having been read the third time and final action suspended on February 28, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:
SB 459. By Senators Starr of the 44th, Walker of the 22nd, Johnson of the 1st and Thompson of the 33rd:
A bill to be entitled an Act to amend Code Section 21-5-71 of the Official Code of Georgia Annotated, relating to registration of and reporting by lobbyists, so as to provide for fees to be charged and collected for registration of lobbyists; to eliminate fees for lobbyist identification cards; to provide for late fees for filing of untimely reports; to authorize changes in such fees under certain circumstances by rule or regulation of the State Ethics Commission; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
The substitute offered by Senator Starr of the 44th on February 28, as it appears in the Journal of February 28th, was automatically reconsidered.

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Senator Land of the 16th offered the following amendment:

Amend the substitute to SB 459 (LC 14 7477S) by striking line 1 of page 1 and inserting in lieu thereof the following:

"To amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to prohibit members of the General Assembly and public officers elected state wide from accepting any gratuitous transfer from a registered lobbyist or a person, organization, or entity represented by a registered lobbyist during a legislative session; to provide a definition; to amend Article 4 of Chapter 5 of Title 21 of the Official".
By inserting between lines 10 and 11 of page 1 the following:

"SECTION 1.

Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, is amended by inserting a new Code section to be designated Code Section 21-5-35.1 to read as follows:

'21-5-35.1.
(a) In this Code section, "gift" means any gratuitous transfer to a public officer including but not limited to meals, food, and drink.
(b) During a legislative session, no member of the General Assembly or public officer elected state wide shall accept any gift from any person registered as a lobbyist under the provisions of Article 4 of this chapter or from a person, organization, or entity represented by a person registered as a lobbyist under the provisions of Article 4 of this chapter.'"

By renumbering the remaining sections.

By striking line 18 of page 3 and inserting in lieu thereof the following: "This Act shall become effective on July 1, 2000, and Sections 2 and 3 of this Act shall".

Senator Starr of the 44th moved that SB 459 be committed to the Ethics Committee.

On the motion, the President ordered a roll call, and the vote was as follows:

N Balfour Blitch
Y Bowen Y Broun Y Brown N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey

Y Harbison Hecht
Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer v Bremen N Perdue

N Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley
Tate N Thomas,D Y Thomas,N
Thomas,R E Thompson
Walker

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833

Y Golden N Guhl

Y Polak

N Williams

On the motion, the yeas were 29, nays 20; the motion prevailed, and SB 459 was committed to the Senate Ethics Committee.

The following general bills were read the third time and put upon their passage:
SB 429. By Senators Tanksley of the 32nd, Thompson of the 33rd, Johnson of the 1st and Perdue of the 18th:
A bill to be entitled an Act to amend Chapter 10 of Title 17 and Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating respectively to sentence and punishment and penal institutions, so as to change provisions for earned time allowances based upon institutional behavior for certain inmates confined as county inmates for probation violations of felony offenses or after conviction for certain offenses and misdemeanors; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N
Thomas,R E Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Dean of the 31st recognized members of the Kappa Sigma Fraternity, commended by SR 563, adopted previously.

The Calendar was resumed.

HB 1159. By Representatives Birdsong of the 123rd, Buck of the 135th, Royal of the 164th and others:

A bill to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount

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of retirement income exclusion; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Ladd of the 41st.

The following Fiscal Note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400

January 27, 2000

The Honorable Ken Birdsong State Representative State Capitol, Room 228 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 1159 (LC 18 9939)

Dear Representative Birdsong:

This Bill would raise the maximum amount of retirement income which could be excluded from net taxable income under the individual income tax. Currently, the exclusion limit is $13,000. For tax-year 2000, the limit would be raised to $13,500 and for tax-year 2001 and years following the limit would be raised to $14,000.

The fiscal impact of raising the exclusion has been estimated using a simulation model for taxpayers of age 62 or older. Distributions of gross income for tax-years 1986 through 1996 have been fitted to filer classes, personal and dependent exemptions, standard and itemized deductions, 65-and-over deductions, and retirement exclusions. Timesensitive measures of central tendency and variation ("moments") for these distributions have been identified and have been projected forward tax-years 1997 through 2001. Finally, the respective income tax liabilities for the 62and-over group under the $13,500 and the $14,000 exclusions have been compared.

The Bill would reduce the yield of the individual income tax-year 2000 by roughly $4.4 million and in tax-year 2001 by roughly $9.5 million.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Bill Tomlinson, Director Office of Planning and Budget

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 Y Brown Y Brush Y Burton

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James

Y Price,R Price,T
Y Ragan Y Ray Y Scott Y Smith
Starr

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835

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 Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1273. By Representatives Buck of the 135th, Dixon of the 168th, Epps of the 131st and others:
A bill to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for a limit on the quantities of alcoholic beverages which an individual may possess and transport in this state if such alcoholic beverages were purchased in this state and the excise taxes were paid in this state; to authorize the direct shipment of wine to consumers in this state from outside this state upon obtaining a special order shipping license from the commissioner of revenue; to provide for quantity limits; to provide for procedures; to require collection and remission of applicable excise taxes; to authorize the commissioner of revenue to promulgate appropriate rules and regulations; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Harbison of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Blitch
Y Bowen Y Broun
Brown N Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Walker N Williams

On the passage of the bill, the yeas were 46, nays 3.

836

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.
SB 401. By Senators Starr of the 44th, Walker of the 22nd and Marable of the 52nd:
A bill to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to require local school systems receiving certain state education funds to suspend a student who commits any act of violence resulting in substantial injury to a teacher for the remainder of the school year; to provide for a disciplinary hearing regarding the suspension; to provide that such a student shall not be eligible for enrollment in public education programs, except that a local board of education may enroll such a student in an alternative education program beginning with the school year following the student's suspension; to repeal conflicting laws; and for other purposes.
The Senate Education Committee offered the following substitute to SB 401:
A BILL
To be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to require local school systems receiving certain state education funds to suspend a student who commits any act of violence to a teacher resulting in physical injury to a teacher for the remainder of the school year; to provide for a disciplinary hearing regarding the suspension; to provide that such a student shall not be eligible for enrollment in public education programs, except that a local board of education may enroll such a student in an alternative education program; 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.
Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, is amended by adding a new Code section, to be designated as Code Section 202-751.6, to read as follows:
"20-2-751.6.
(a) Local board of education policies and student codes of conduct shall provide for the suspension of a student who commits any act of physical violence resulting in injury to a teacher from all public school programs, including alternative education programs, for the remainder of the school year. The local board shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing pursuant to Code Section 20-2754 regarding the suspension. Notwithstanding any provision of Code Section 20-2-751.2 to the contrary, a local school system shall not enroll any student who has been suspended by another local board of education pursuant to this subsection during the term of the suspension.
(b) Notwithstanding any provision of Code Section 20-2-150 to the contrary, a student who has been suspended pursuant to subsection (a) of this Code section shall not be eligible for enrollment in any educational program authorized under Part 3 of Article 6 of this chapter; provided, however, that a local board of education may enroll such a student in an alternative education program established pursuant to Code Section 20-2-769.
(c) The provisions of subsection (a) of this Code section shall apply with respect to any local school system which receives state funding pursuant to Code Sections 20-2-161 and 20-2-260.
(d) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."

Tuesday, February 29, 2000

837

SECTION 2.

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 Starr of the 44th offered the following amendment:

Amend the Senate Education Committee substitute to SB 401 by striking lines 5 and 6 of page 1 and inserting in lieu thereof the following:

"to suspend a student who commits any act of physical violence resulting in substantial physical injury to a teacher from all public school programs for the".

By striking the word "year" on lines 7 and 28 of page 1 and inserting in lieu thereof the words "quarter or semester".

By adding after the word "program" on line 12 of page 1 the words "beginning with the following school quarter or semester".
By adding immediately before the word "injury" on line 25 of page 1 the words "substantial physical".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T
Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Thomas,R E 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.

838

JOURNAL OF THE SENATE

HB 1286. By Representatives Martin of the 145th, Parham of the 122nd, Parrish of the 144th and others:

A bill to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive acts or practices in consumer transactions declared unlawful, so as to prohibit certain acts or practices concerning noninsurance discount cards for health care related goods or services; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Golden of the 8th.

The Senate Insurance and Labor Committee offered the following substitute to HB 1286:

A BILL

To be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive acts or practices in consumer transactions declared unlawful, so as to prohibit certain acts or practices concerning noninsurance discount cards for health care related goods or services; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive acts or practices in consumer transactions declared unlawful, is amended in subsection (b) by striking "or" at the end of paragraph (30), striking "." at the end of paragraph (31) and inserting in lieu thereof "; or", and adding a new paragraph (32) to read as follows:

"(32) Selling, marketing, promoting, advertising, providing, or distributing any card or other purchasing mechanism or device that is not insurance or evidence of insurance coverage and that purports to offer or provide discounts or access to discounts on purchases of health care goods or services from providers of the same or making any representation or statement that purports to offer or provide discounts or access to discounts on purchases of health care goods or services from providers of the same, when:

(A) Such card or other purchasing mechanism or device does not contain a notice expressly and prominently providing in boldface type that such discounts are not insurance; or

(B) Such discounts or access to such discounts are not specifically authorized under a separate contract with a provider of health care goods or services to which such discounts are purported to be applicable."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, 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 Broun
Y Brown

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins

Y Price,R Y Price,T Y Ragan Y Ray Y Scott

Tuesday, February 29, 2000

839

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

Jackson Y James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Smith Starr
Y Stephens Stokes
Y Streat Tanksley Tate
Y Thomas,D Thomas,N
Y Thomas,R E Thompson
Walker Y Williams

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Thomas of the 2nd introduced representatives of the Saint Patrick's Day Parade, commended by SR 629, adopted previously.

Senator Johnson of the 1st addressed the Senate extemporaneously. The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 1169.

By Representatives Murphy of the 18th and Walker of the 141st:

A resolution relative to adjournment; and for other purposes.

The Calendar was resumed.

SR 515. By Senator Hooks of the 14th:

A resolution designating the Kennedy Bridge; and for other purposes.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley

840

JOURNAL OF THE SENATE

Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Land Y Lee Y Madden
Marable Y Meyer v Bremen Y Perdue Y Polak

On the adoption of the resolution, the yeas were 50, nays 0.

Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Walker Y Williams

The resolution, having received the requisite constitutional majority was adopted.

SB 424. By Senator Thomas of the 10th:

A bill to be entitled an Act to amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to duties of a coroner or county medical examiner upon receipt of notice of a suspicious or unusual death, so as to allow medical examiners to retain a deceased body long enough to allow adequate refrigeration before an autopsy is performed; to provide medical examiners with the necessary discretion regarding the disposition of bodily specimens; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R E 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.

At 11:35 a.m. the President announced that the Senate would stand in recess until 1:30 p.m.

At 1:38 p.m. the President called the Senate to order.

The Calendar was resumed.

Tuesday, February 29, 2000

841

HB 1153. By Representatives Rice of the 79th, Benefield of the 96th, Walker of the 141st and others:

A bill to be entitled an Act to amend Code Section 32-4-2 of the Official Code of Georgia Annotated, relating to official maps and records and rules and regulations of the Department of Transportation, so as to provide for an official list of those portions and features of the state highway system which have been named by Act or resolution of the General Assembly or by resolution of the State Transportation Board; to amend Code Section 50-25-7 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority's sale of files of public information, receipt of data in electronic format from the public, and application of statutory restrictions on confidentiality to the authority, so as to provide an exception; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Streat of the 19th.

Senators Brush of the 24th and Johnson of the 1st offered the following amendment:

Amend HB 1153 by striking line 9 on page 1 and inserting in lieu thereof the following:

"amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state property, so as to prohibit the naming or renaming of state property for certain elected public officials or former elected officials; to amend Code Section 50-25-7 of the Official Code of Georgia".

By redesignating current Sections 2 and 3 as Sections 3 and 4, respectively.

By inserting a new Section 2 to read as follows:

"SECTION 2.

Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state property, is amended by adding at the end thereof a new Code section to read as follows:

'50-16-19.

On and after July 1, 1999, no property owned by the state including, but not limited to, state parks, buildings, highways, roads, or bridges, shall be officially designated or redesignated by any state agency or state official by the name and in honor of any living elected public official or of any former elected public official who has not been out of office for at least five years and no signs or markers shall be erected which so designate any such state owned property.'"

Senator Brush of the 24th asked unanimous consent that the amendment be withdrawn. The consent was granted, and the amendment was withdrawn.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown N Brush Y Burton Y Butler Y Cable

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Kemp

Y Price,R Y Price,T Y Ragan N Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes

842

JOURNAL OF THE SENATE

N Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey
Golden N Guhl

Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N
Thomas,R E Thompson
Walker Y Williams

On the passage of the bill, the yeas were 42, nays 4.

The bill, having received the requisite constitutional majority, was passed.

HR 1029. By Representatives Birdsong of the 123rd, Murphy of the 18th, Roberts of the 162nd and others:

A resolution commending all Vietnam Era/Vietnam Veterans and their families; to recognize May 5-7, 2000, as the 25th Observance of the ending of the Vietnam War; and for other purposes.

Senate Sponsor: Senator Harbison of the 15th. 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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

On the adoption of the resolution, the yeas were 49, nays 0.

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N
Thomas,R E Thompson
Walker Y Williams

The resolution, having received the requisite constitutional majority, was adopted.

SB 413. By Senators Tanksley of the 32nd, Thompson of the 33rd and Hecht of the 34th:

A bill to be entitled an Act to amend Code Section 16-14-7 of the Official Code of Georgia Annotated, relating to forfeiture proceedings involving racketeer influenced and corrupt organizations, so as to change a provision relating to the disposition of net proceeds from such a forfeiture; to repeal conflicting laws; and for other purposes.

Tuesday, February 29, 2000

843

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 Y Brown 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,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R E 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. SB 446. By Senators Lee of the 29th and Gillis of the 20th:

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 and related offenses, so as to change the provisions relating to the offense of aggravated assault upon a correctional officer; to include county jail officers within the definition of the term "correctional officer" in connection with the offense of aggravated assault; to change the provisions relating to the offense of aggravated battery upon a correctional officer; to include county jail officers within the definition of the term "correctional officer" in connection with the offense of aggravated battery; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley

844

JOURNAL OF THE SENATE

Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Tate Y Thomas,D Y Thomas,N Y Thomas,R E 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.

SR 541. By Senators Tate of the 38th, Fort of the 39th, James of the 35th and others:

A resolution designating the "Leroy Johnson-Fulton Industrial Boulevard"; and for other purposes.

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 Y Brown
Brush Burton Y Butler Y Cable Y Cagle Y Cheeks Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Guhl

Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Kemp Y Ladd Y Lamutt Y Land Lee Y Madden Y Marable Y Meyer v Bremen Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Walker
Williams

On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

The following bill was taken up to consider House action thereto:

HB 1187. By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th and others:
A bill to be entitled an Act to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary levels; to provide for a short title; to amend Code Section 15-11-15 of the Official Code of Georgia Annotated, 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 repeal Article 4 of said chapter, relating to local school

Tuesday, February 29, 2000

845

trustees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes

Senator Tanksley of the 32nd moved that the Senate adhere to its substitute and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Marable of the 52nd, Thompson of the 33rd and Hill of the 4th.

The following bill was taken up to consider the Conference Committee report thereto:

HB 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:

A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 19992000; and for other purposes.

The Conference Committee report on HB 1162 was as follows:

The Committee of Conference on HB 1162 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1162 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Hooks of the 14th /s/ Senator Walker of the 22nd /s/ Senator Starr of the 44th

/s/ Representative Coleman of the 142nd /s/ Representative Walker of the 141st /s/ Representative Buck, III of the 135th

A BILL

To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", approved May 3, 1999 (Ga. L. 1999, p. 1071), so as to change certain appropriations for the State Fiscal Year 1999-2000; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1.

An Act providing appropriations for the State Fiscal Year 1999-2000, as amended, known as the "General Appropriations Act" approved May 3, 1999 (Ga. L. 1999, p. 1071), is further amended by striking everything following the enacting clause through Section 62, and by substituting in lieu thereof the following:

A. That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $12,516,275,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 2000.

Section 1. General Assembly.

PART I. LEGISLATIVE BRANCH

846

JOURNAL OF THE SENATE

Budget Unit: General Assembly Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts - Staff Per Diem, Fees and Contracts - Elected Officials Photography Expense Reimbursement Account
Total Funds Budgeted

$

31,805,629

$

16,632,458

$

4,054,123

$

2,581,216

$

109,500

$

7,000

$

0

$

0

$

960,000

$

980,000

$

5,000

$

665,000

$

360,036

$

3,676,356

$

100,000

$

1,674,940

$

31,805,629

State Funds Budgeted

$

31,805,629

Senate Functional Budgets

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office

Total

House Functional Budgets

House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office

Total

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee

Total

Total Funds

State Funds

$

5,275,860 $

5,275,860

$

962,415 $

962,415

$

1,301,417 $

1,301,417

$

7,539,692 $

7,539,692

Total Funds

State Funds

$

11,521,681 $

11,521,681

$

470,447 $

470,447

$

1,596,283 $

1,596,283

$

13,588,411 $

13,588,411

Total Funds

State Funds

$

3,214,038 $

3,214,038

$

2,328,999 $

2,328,999

$

1,158,951 $

1,158,951

$

3,541,464 $

3,541,464

$

434,074 $

434,074

$

10,677,526 $

10,677,526

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time

Tuesday, February 29, 2000

847

state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits.

Budget Unit: Department of Audits Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications

$ 26,179,279

$ 22,574,546

$

764,940

$

616,000

$

389,624

$

188,000

$ 1,051,359

$

287,000

$ 1,554,910

$

321,000

Total Funds Budgeted

$ 27,747,379

State Funds Budgeted

$ 26,179,279

Section 3. Judicial Branch.

PART II JUDICIAL BRANCH

Budget Unit: Judicial Branch Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network

Total Funds Budgeted

$ 111,540,142

$

15,458,484

$

92,705,954

$

3,042,892

$

1,733,421

$

41,000

$

500,000

$

745,995

$ 114,227,746

State Funds Budgeted

$ 111,540,142

Judicial Branch Functional Budgets Supreme Court

Total Funds

State Funds

$

7,853,991 $

7,135,803

848

JOURNAL OF THE SENATE

Court of Appeals

$

Superior Court - Judges

$

Superior Court - District Attorneys

$

Juvenile Court

$

Institute of Continuing Judicial Education

$

Judicial Council

$

Judicial Qualifications Commission

$

Indigent Defense Council

$

Georgia Courts Automation Commission

$

Georgia Office Of Dispute Resolution

$

Total

$

Section 4. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Rents and Maintenance Expense Utilities Payments to DOAS Fiscal Administration Direct Payments to Georgia Building Authority for
Capital Outlay Direct Payments to Georgia Building Authority for
Operations Telephone Billings Radio Billings Materials for Resale Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant State Self Insurance Fund
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Support Services

$

Materials Management

$

Information Technology

$

Risk Management

$

State Properties Commission

$

Office of the Treasury

$

10,324,483 $ 43,111,261 $ 36,089,366 $ 1,374,764 $
897,312 $ 5,776,555 $
206,755 $ 5,262,000 $ 3,030,749 $
300,510 $
114,227,746 $
$ $ $ $ $ $ $ $ $ $ $ $ $
$
$ $ $ $ $ $ $ $ $ $
$
$
Total Funds 16,443,012 $ 12,845,458 $ 22,166,416 $
117,210,089 $ 69,459,037 $ 646,329 $ 1,638,409 $

10,274,483 43,111,261 34,548,753 1,323,064
897,312 5,673,285
206,755 5,262,000 2,806,916
300,510
111,540,142
109,690,967 62,574,333 13,051,749 504,767 819,086 2,301,668 1,154,487 4,230,693 378,031 2,646,960 11,207,112 0 0
0
2,317,419 58,080,300
433,484 17,939,840
522,500 44,900 48,500 75,000
382,900 66,034,595
244,748,324
109,690,967
State Funds 4,882,922 4,106,583 0 29,167,621 66,557,095 646,329 262,271

Tuesday, February 29, 2000

849

State Office of Administrative Hearings Total

$

4,339,574 $

4,068,146

$ 244,748,324 $ 109,690,967

B. Budget Unit: Georgia Building Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Contractual Expense Facilities Renovations and Repairs
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Facilities Program

$

Operations

$

Security

$

Sales

$

Van Pool

$

Total

$

Section 5. Department of Agriculture.
A. Budget Unit: Department of Agriculture Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities

$ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 11,863,964 $ 1,432,915 $ 12,855,231 $ 6,804,433 $ 4,435,386 $ 384,405 $
37,776,334 $
$ $ $ $ $ $ $ $ $ $ $
$
$ $ $

0 20,803,654 15,328,193
42,000 200,000 313,000 325,000
15,071 269,416 480,000
0 0 0 0
37,776,334
0
State Funds 0 0 0 0 0 0
0
40,797,478 33,475,781 4,520,108 1,060,000
352,000 430,673 667,341 814,475 412,585 1,309,741 1,003,240
3,127,000
3,200,470 275,000 50,000

850

JOURNAL OF THE SENATE

Advertising Contract Payments to Georgia Agrirama Development
Authority for Operations Payments to Georgia Development Authority Renovation, Construction, Repairs and Maintenance
Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Plant Industry

$

Animal Industry

$

Marketing

$

Internal Administration

$

Fuel and Measures

$

Consumer Protection Field Forces

$

Seed Technology

$

Total

$

$
$ $
$ $ $ $
$
$
Total Funds 9,076,270 $ 16,399,249 $ 6,976,728 $ 7,539,581 $ 3,725,614 $ 8,229,091 $ 696,171 $
52,642,704 $

175,000
829,290 0
900,000 0
40,000 0
52,642,704
40,797,478
State Funds 8,295,270 13,267,114 3,301,728 7,352,581 3,595,914 4,984,871 0
40,797,478

B. Budget Unit: Georgia Agrirama Development Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Goods for Resale
Total Funds Budgeted
State Funds Budgeted
Section 6. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$

0

$

1,039,790

$

203,000

$

3,000

$

0

$

5,000

$

9,500

$

0

$

7,500

$

96,500

$

125,000

$

120,000

$

1,609,290

$

0

$

10,216,029

$

8,411,598

$

476,873

$

403,199

$

112,380

$

21,022

$

276,896

$

422,730

$

77,896

Tuesday, February 29, 2000

851

Per Diem, Fees and Contracts

Total Funds Budgeted

State Funds Budgeted

Section 7. Department of Community Affairs.
Budget Unit: Department of Community Affairs Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Capital Outlay Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment HUD-Community Development Block Pass thru Grants Payment to Georgia Environmental Facilities Authority Community Service Grants Home Program ARC-Revolving Loan Fund Local Development Fund Payment to State Housing Trust Fund Payments to Sports Hall of Fame Regional Economic Business Assistance Grants State Commission on National and Community Service EZ/EC Administration EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation Authority
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Executive Division

$

Planning and Management Division

$

Business and Financial Assistance Division

$

Housing and Finance Division

$

Accounting, Budgeting and Personnel Division

$

Rental Assistance Division

$

Administrative and Computer Support Division

$

Georgia Music Hall of Fame Division

$

Community Service Division

$

External Affairs Division

$

$
$
$
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 57,598,800 $ 4,389,972 $ 40,645,047 $ 8,053,176 $ 3,330,220 $ 55,269,254 $ 3,035,167 $ 1,870,663 $ 10,648,288 $ 3,993,425 $

13,435
10,216,029
10,216,029
85,872,600 19,808,140 2,624,076
530,883 0
392,214 1,461,218 1,476,060
713,735 519,728
0 2,495,948 45,904,272
133,355 30,000,000
429,541 5,000,000 3,165,581
0 617,500 3,281,250 1,008,027 6,847,147
0 0 189,073 1,128,125 1,250,000 50,000,000 9,858,139
188,834,012
85,872,600
State Funds 57,233,941 4,153,560 9,116,501 3,165,581 1,973,837 0 1,769,145 916,894 3,680,002 3,863,139

852

JOURNAL OF THE SENATE

Total

$ 188,834,012 $

85,872,600

Section 8. Department of Community Health.
A. Budget Unit: Medicaid Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts Grant in Aid to Counties Health Insurance Payments Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation
Total Funds Budgeted

$ 1,302,555,171

$

27,662,661

$

7,041,692

$

360,986

$

14,000

$

77,292

$ 1,016,795,296

$

1,355,759

$

802,656

$ 365,953,663

$ 3,395,236,764

$

1,097,500

$

64,732

$

83,244

$

764,826

$

0

$

0

$

0

$

1,520,467

$

4,347,200

$

1,950,313

$

175,000

$

16,728,668

$

7,394,890

$

4,400,350

$

474,240

$

30,000

$ 4,854,332,199

State Funds Budgeted

$ 1,302,555,171

Departmental Functional Budgets
Commissioner's Office Medicaid Benefits, Penalties and Disallowances Program Management - Medicaid Systems Management - Medicaid General Administration Minority Health Women's Health Employee Health Benefits Health Planning Georgia Board for Physician Workforce Board of Medical Examiners Medical Education Board Primary and Rural Health
Total

Total Funds

State Funds

$

1,973,697 $

920,831

$ 3,395,236,764 $ 1,227,895,937

$

33,031,410 $

14,741,181

$

48,232,173 $

13,157,384

$

51,593,548 $

2,612,435

$

185,742 $

185,742

$

430,519 $

430,519

$ 1,280,826,826 $

0

$

1,728,303 $

1,628,303

$

36,073,287 $

36,073,287

$

1,518,879 $

1,518,879

$

1,520,467 $

1,520,467

$

1,980,584 $

1,870,206

$ 4,854,332,199 $ 1,302,555,171

Tuesday, February 29, 2000

B. Budget Unit: Indigent Trust Fund Per Diem, Fees and Contracts Benefits

Total Funds Budgeted State Funds Budgeted

C. Budget Unit: PeachCare for Kids Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts PeachCare Benefits, Penalties and Disallowances
Total Funds Budgeted
State Funds Budgeted
Section 9. Department of Corrections.
Budget Unit: Administration, Institutions and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases Payments to MAG for Health Care Certification University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund

853

$ 148,828,880

$

8,200,000

$ 360,067,504

$ 368,267,504

$ 148,828,880

$

17,189,386

$

418,478

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$

5,325,376

$

55,526,847

$

61,704,460

$

17,189,386

$ 853,697,481

$ 544,562,296

$

70,134,263

$

2,680,815

$

2,193,077

$

4,302,107

$

6,198,054

$

6,793,774

$

7,737,635

$

58,316,299

$

38,000

$

23,590,741

$

1,300,000

$

28,980,363

$

5,551,097

$

3,000,000

$

1,093,624

$

4,106,736

$

1,627,149

$

577,160

$

1,527,120

$ 100,787,031

$

70,000

$

438,944

$

856,000

854

JOURNAL OF THE SENATE

Total Funds Budgeted Indirect DOAS Funding Georgia Correctional Industries
State Funds Budgeted

$ 876,462,285

$

450,000

$

0

$ 853,697,481

Departmental Functional Budgets
Executive Operations Administration Human Resources Field Probation Facilities
Total

Total Funds

State Funds

$

51,257,276 $

50,750,276

$

15,645,676 $

15,345,676

$ 126,144,833 $ 117,680,624

$

66,880,989 $

66,400,989

$ 616,533,511 $ 603,519,916

$ 876,462,285 $ 853,697,481

Section 10. Department of Defense.
Budget Unit: Department of Defense Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay

Total Funds Budgeted

$

7,378,907

$

11,699,117

$

11,828,197

$

45,375

$

58,000

$

22,000

$

68,625

$

31,400

$

419,973

$

584,768

$

4,767,076

$

29,524,531

State Funds Budgeted

$

7,378,907

Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard
Total

Total Funds

State Funds

$

2,197,481 $

1,990,240

$

6,132,268 $

728,222

$

21,194,782 $

4,660,445

$

29,524,531 $

7,378,907

Section 11. State Board of Education Department of Education.
A. Budget Unit: Department of Education
Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts

$ 5,141,284,113

$

41,859,256

$

7,218,907

$

1,641,815

$

156,000

$

310,310

$

1,223,687

$

69,246,161

Tuesday, February 29, 2000
Computer Charges Telecommunications Utilities Capital Outlay Test Development Contracts Information Technology Contracts QBE Formula Grants: Kindergarten\Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 High School Laboratories Vocational Education Laboratories Special Education Gifted Remedial Education Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Fair Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants In School Suspension Special Instructional Assistance Middle School Incentive Special Education Low - Incidence Grants Limited English-Speaking Students Program Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program Payment of Federal Funds to Board of Technical
and Adult Education Vocational Research and Curriculum Education of Children of Low-Income Families Even Start Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Remedial Summer School Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Alternative Programs Drug Free School (Federal) School Lunch (State)

855

$

10,972,538

$

2,224,965

$

808,452

$

0

$

8,600,000

$

7,567,000

$ 1,246,928,019

$ 1,057,747,868

$ 436,873,709

$ 207,679,609

$ 156,945,877

$ 548,792,945

$

98,679,526

$ 104,495,375

$

36,602,631

$ 134,010,159

$ 800,161,761

$ 152,021,075

$ (869,432,749)

$

66,951,970

$

0

$ 246,132,902

$

3,158,000

$

23,951,042

$

98,870,519

$ 100,206,873

$

620,134

$

28,122,176

$

500,000

$

4,340,000

$

32,060,730

$

27,650,639

$

293,520

$ 236,086,129

$

3,190,097

$

75,415,428

$

5,508,750

$

1,900,000

$

756,500

$ 188,375,722

$

267,333

$

749,301

$

10,254,000

$

1,689,931

$

19,434,853

$

1,250,000

$

100,000

$

1,608,000

$

1,042,976

$

21,377,316

$

11,625,943

$

35,282,461

856

JOURNAL OF THE SENATE

Mentoring Program Charter Schools Emergency Immigrant Education Program Chapter II - Block Grant Flow Through State and Local Education Improvement Child Care Lunch Program (Federal) Health Insurance - Non-Cert. Personnel and Retired
Teachers Governor's Scholarships Innovative Programs Title II Math/Science Grant (Federal) Migrant Education Counselors Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education in State Institutions At Risk Summer School Program Robert C. Byrd Scholarship (Federal) Technology Specialist Year 2000 Project Funding Troops To Teachers Child Care Program Comprehensive School Reform Character Education Standards of Care State Fund Reserve National Teacher Certification Student Information System
Total Funds Budgeted Indirect DOAS Services Funding
State Funds Budgeted

$

500,000

$

1,164,604

$

2,481,927

$

9,913,513

$

24,962,356

$

89,190,742

$

99,547,892

$

4,989,029

$

1,690,215

$

5,042,895

$

274,395

$

13,524,863

$

10,745,889

$

52,304,574

$

3,774,785

$

3,884,639

$

4,632,785

$

1,059,000

$

15,401,810

$

2,605,394

$

111,930

$

40,626,969

$

3,803,865

$

350,000

$

134,500

$

3,769,183

$

148,210

$

30,000,000

$ 5,938,744,105

$

0

$ 5,141,284,113

State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Professional Practices Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School Readiness

Departmental Functional Budgets
$ $ $ $ $ $ $ $ $ $ $ $

Total Funds 12,599,983 $ 65,772,102 $ 1,315,708 $ 9,539,310 $ 8,103,843 $ 59,926,195 $ 0$
5,757,265,014 $ 6,627,095 $ 5,416,371 $ 6,480,883 $ 5,697,601 $

State Funds 8,870,765 53,988,030 1,238,119 6,071,799 509,849 57,011,689 0
4,995,282,714 6,092,736 5,052,934 5,999,421 1,166,057

Total

$ 5,938,744,105 $ 5,141,284,113

B. Budget Unit: Lottery for Education Pre-Kindergarten - Grants

$ 374,373,083 $ 217,971,579

Tuesday, February 29, 2000

Pre-Kindergarten - Personal Service Pre-Kindergarten - Operations Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System

Total Funds Budgeted

Lottery Funds Budgeted

Section 12. Employees' Retirement System.
Budget Unit: Employees' Retirement System Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Benefits to Retirees
Total Funds Budgeted

State Funds Budgeted

Section 13. Forestry Commission.
Budget Unit: Forestry Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Ware County Grant Ware County Grant for Southern Forest World Ware County Grant for Road Maintenance Capital Outlay
Total Funds Budgeted

857

$

2,051,953

$

5,148,630

$

42,741,317

$

936,000

$

4,500,000

$

858,000

$

5,000,000

$

0

$

0

$

0

$

0

$

75,165,604

$

0

$

20,000,000

$ 374,373,083

$ 374,373,083

$

0

$

2,631,817

$

481,100

$

29,000

$

0

$

1,450

$

2,056,432

$

340,900

$

70,001

$

1,618,150

$

0

$

7,228,850

$

0

$

36,366,572

$

29,558,389

$

5,912,072

$

181,318

$

1,399,402

$

1,669,799

$

844,775

$

22,824

$

881,681

$

1,054,067

$

28,500

$

60,000

$

0

$

0

$

41,612,827

858

JOURNAL OF THE SENATE

State Funds Budgeted

Departmental Functional Budgets

Reforestation

$

Field Services

$

General Administration and Support

$

Total

$

Section 14. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Evidence Purchased Capital Outlay
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Investigative

$

Georgia Crime Information Center

$

Forensic Sciences

$

Total

$

Section 15. Office of the Governor.
A. Budget Unit: Office of the Governor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses

$
Total Funds 2,017,895 $ 35,271,337 $ 4,323,595 $
41,612,827 $
$ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 4,825,405 $ 25,200,983 $ 10,259,352 $ 21,132,497 $
61,418,237 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $

36,366,572
State Funds 19,684
32,191,448 4,155,440
36,366,572
61,418,237 44,194,440 6,194,456
465,379 387,220 3,271,595 677,600 391,419 1,022,479 3,889,982 423,667 500,000
61,418,237
61,418,237
State Funds 4,825,405 25,200,983 10,259,352 21,132,497
61,418,237
49,627,545 18,744,253 1,451,104
326,759 38,070
187,639 527,724 1,148,372 585,758 10,056,610 4,164,655
40,000 12,715,000
148,913

Tuesday, February 29, 2000

859

Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Children and Youth Grants Juvenile Justice Grants Georgia Crime Victims Assistance Program Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Transition Fund Flood - Contingency Year 2000 Project

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Governor's Office

$

Office of Equal Opportunity

$

Office of Planning and Budget

$

Council for the Arts

$

Office of Consumer Affairs

$

Georgia Information Technology Policy Council

$

Criminal Justice Coordinating Council

$

Children and Youth Coordinating Council

$

Human Relations Commission

$

Professional Standards Commission

$

Georgia Emergency Management Agency

$

Governor's Commission for the Privatization

of Government Services

$

Total

$

Section 16. Department of Human Resources.
Budget Unit: Department of Human Resources
1. General Administration and Support Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction

$

4,000,000

$

274,194

$

470,000

$

0

$

250,000

$

2,183,750

$

100,000

$

684,400

$

1,085,000

$

0

$

57,000

$

0

$

0

$

2,808,800

$

62,048,001

$

49,627,545

Total Funds 17,068,568 $ 1,093,263 $ 13,911,225 $ 5,689,036 $ 4,090,313 $ 3,510,659 $ 1,789,120 $ 3,176,724 $ 326,481 $ 4,931,820 $ 6,460,792 $
0$
62,048,001 $

State Funds 17,068,568 790,292 13,836,225 4,945,591 3,892,313 701,859 354,684 587,361 326,481 4,931,820 2,192,351
0
49,627,545

$ 1,243,898,714

$

78,074,423

$

3,173,647

$

1,935,789

$

0

$

206,957

$

4,671,430

$

14,906,213

$

51,682,170

$

15,204,122

$

28,500

$

47,813,157

$

65,974,073

$

123,714

860

JOURNAL OF THE SENATE

Postage Payments to DCH - Medicaid Benefits Grants to County DFACS - Operations Operating Expenses

Total Funds Budgeted

Indirect DOAS Services Funding State Funds Budgeted

Departmental Functional Budgets

Commissioner's Office

$

Office of Planning and Budget Services

$

Office of Adoption

$

Children's Community Based Initiative

$

Troubled Children's Placements

$

Human Resources Development

$

Technology and Support

$

Facilities Management

$

Regulatory Services - Program Direction and Support

$

Child Care Licensing

$

Health Care Facilities Regulation

$

Fraud and Abuse

$

Financial Services

$

Auditing Services

$

Personnel Administration

$

Transportation Services

$

Indirect Cost

$

Policy and Government Services

$

Aging Services

$

DD Council

$

Total

$

2. Public Health Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Special Purpose Contracts Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Postage Medical Benefits

Total Funds Budgeted

Indirect DOAS Services Funding

$ $ $ $
$
$
$
Total Funds 1,016,387 $ 4,101,512 $ 11,884,965 $ 8,489,307 $ 47,813,157 $ 1,332,206 $
100,113,563 $ 5,590,784 $ 887,565 $ 3,398,648 $ 11,273,899 $ 6,612,805 $ 8,493,770 $ 2,395,989 $ 7,002,396 $ 12,081,291 $ 0$ 1,295,371 $ 74,738,174 $ 1,610,148 $
310,131,937 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$

824,452 25,513,290
0 0
310,131,937
3,982,840
174,327,823
State Funds 1,016,387 4,101,512 5,917,359 8,114,307 34,335,726 1,332,206 56,451,611 4,341,288 877,565 3,372,079 5,615,983 2,410,331 4,126,637 2,395,989 7,002,396 1,876,134
(14,703,451) 1,295,371 44,399,229 49,164
174,327,823
49,968,343 75,192,219
839,880 0
195,367 1,326,062 5,146,402
0 987,667 324,000 18,486,873 139,963,748
0 190,682 4,222,222
296,843,465
324,160

Tuesday, February 29, 2000

861

State Funds Budgeted

Departmental Functional Budgets

District Health Administration

$

Newborn Follow-Up Care

$

Oral Health

$

Stroke and Heart Attack Prevention

$

Sickle Cell, Vision and Hearing

$

High-Risk Pregnant Women and Infants

$

Sexually Transmitted Diseases

$

Family Planning

$

Women, Infants and Children Nutrition

$

Grant in Aid to Counties

$

Children's Medical Services

$

Emergency Health

$

Epidemiology

$

Immunization

$

Community Tuberculosis Control

$

Family Health Management

$

Infant and Child Health

$

Maternal Health - Perinatal

$

Chronic Disease

$

Diabetes

$

Cancer Control

$

Director's Office

$

Injury Control

$

Vital Records

$

Health Services Research

$

Environmental Health

$

Laboratory Services

$

Community Health Management

$

AIDS

$

Drug and Clinic Supplies

$

Adolescent Health

$

Public Health - Planning Councils

$

Early Intervention

$

Public Health - Division Indirect Cost

$

Total

$

3. Rehabilitation Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Case Services Special Purpose Contracts Purchase of Services Contracts Major Maintenance and Construction

$
Total Funds 13,055,719 $ 1,383,859 $ 1,773,114 $ 2,148,234 $ 4,704,248 $ 4,959,151 $ 3,180,709 $ 11,092,949 $ 84,166,474 $ 70,108,664 $ 13,272,151 $ 3,998,786 $ 1,949,932 $ 1,614,511 $ 5,799,550 $ 1,386,617 $ 1,075,812 $ 2,827,258 $ 225,746 $ 159,019 $ 4,312,449 $ 2,039,075 $ 452,430 $ 2,026,711 $ 559,513 $ 2,024,561 $ 6,853,264 $ 186,315 $ 12,307,038 $ 10,363,458 $ 13,190,325 $ 109,837 $ 13,535,986 $ 0$
296,843,465 $
$ $ $ $ $ $ $ $ $ $ $ $ $

159,383,175
State Funds 12,928,784 1,170,028 1,447,939 1,035,622 3,937,429 4,959,151 1,071,146 5,914,421 0 69,122,805 6,297,075 2,623,073 1,373,534 0 4,323,360 888,072 872,415 1,222,894 225,746 159,019 4,312,449 1,762,714 309,792 1,765,712 559,513 1,512,688 6,583,264 186,315 7,759,475 2,640,380 2,942,458 92,340 11,108,461 (1,724,899)
159,383,175
86,240,987 12,217,485 1,764,296
50,582 1,616,277 5,225,022 11,230,188
383,041 2,477,637 37,940,291
735,245 12,083,883
255,000

862

JOURNAL OF THE SENATE

Utilities Postage

Total Funds Budgeted

$

959,650

$

749,007

$ 173,928,591

Indirect DOAS Services Funding State Funds Budgeted

$

100,000

$

25,369,247

Departmental Functional Budgets
Vocational Rehabilitation Services Independent Living Employability Services Community Facilities Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute
Total

Total Funds

State Funds

$

65,508,127 $

13,458,346

$

968,949 $

533,969

$

511,903 $

511,903

$

10,471,695 $

2,851,205

$

1,998,718 $

593,525

$

744,540 $

744,540

$

53,477,653 $

0

$

12,023,096 $

666,969

$

28,223,910 $

6,008,790

$ 173,928,591 $

25,369,247

4. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Postage Grants to County DFACS - Operations

Total Funds Budgeted

$

22,204,442

$

3,601,014

$

884,107

$

0

$

510,512

$

3,695,697

$

31,847,124

$

200,000

$

1,596,679

$

4,650,439

$ 218,535,661

$

8,030,098

$ 303,682,585

$

52,791,463

$

2,037,559

$ 358,488,651

$ 1,012,756,031

Indirect DOAS Services Funding State Funds Budgeted

$

0

$ 368,391,356

Departmental Functional Budgets
Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management

Total Funds

State Funds

$

676,518 $

676,518

$

4,114,502 $

3,602,461

$

2,684,052 $

2,404,749

$

3,873,812 $

3,873,812

$

13,644,717 $

1,468,234

$

1,787,260 $

1,787,260

Tuesday, February 29, 2000

863

Human Resources Management Public Assistance Child Support Enforcement Temporary Assistance for Needy Families SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations - Eligibility County DFACS Operations - Social Services Food Stamp Issuance County DFACS Operations - Homemakers Services County DFACS Operations - Joint and Administration County DFACS Operations - Employability Program County DFACS Operations - Child Support Enforcement Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Special Projects Children's Trust Fund Indirect Cost
Total

$

2,522,234 $

$

19,939,244 $

$

45,667,979 $

$ 208,245,099 $

$

1,122,012 $

$

2,795,420 $

$

7,223,130 $

$ 124,077,197 $

$ 103,349,456 $

$

3,190,752 $

$

8,895,675 $

$

72,333,381 $

$

23,476,986 $

$

26,755,956 $

$

46,513,118 $

$

4,290,503 $

$

33,166,733 $

$

18,577,389 $

$

7,749,161 $

$

33,213,311 $

$

10,044,785 $

$ 173,320,622 $

$

4,854,588 $

$

4,650,439 $

$

0$

$ 1,012,756,031 $

5. Community Mental Health/Mental Retardation and Institutions:

Personal Services

$

Operating Expenses

$

Motor Vehicle Equipment Purchases

$

Utilities

$

Major Maintenance and Construction

$

Community Services

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Departmental Functional Budgets
Southwestern State Hospital Augusta Regional Hospital Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers

Total Funds

$

36,750,435 $

$

16,746,364 $

$

27,706,653 $

$

40,035,057 $

$ 118,947,294 $

$

17,563,565 $

$

53,088,572 $

$

19,935,349 $

$

3,978,254 $

$

1,171,073 $

1,516,443 3,739,244 5,896,604 48,247,444 1,122,012
0 0 60,900,727 40,330,107 0 2,776,636 36,306,261 9,021,901 10,209,597 15,861,742 2,520,990 21,546,880 13,212,885 4,781,324 20,413,693 8,218,081 50,186,937 3,871,923 4,150,439 (10,253,548)
368,391,356
292,571,721 54,213,803 200,000 9,483,250 1,962,161
366,381,259
724,812,194
1,673,274
516,427,113
State Funds 21,942,111 14,981,072 18,462,955 32,595,011 75,586,463 16,644,577 23,164,592 17,775,607 3,044,388 988,323

864

JOURNAL OF THE SENATE

Substance Abuse Residential Services

$

Community Mental Health Services

$

Community Mental Retardation Services

$

Community Substance Abuse Services

$

State Administration

$

Regional Administration

$

Total

$

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH - Medicaid Benefits Grants to County DFACS - Operations Medical Benefits

Total Funds Budgeted

Indirect DOAS Services Funding State Funds Budgeted

Section 17. Department of Industry, Trade and Tourism.

584,284 $ 179,082,554 $
98,921,547 $ 91,019,560 $ 13,048,860 $ 6,232,773 $
724,812,194 $

0 171,952,230
65,489,645 40,533,155 7,957,309 5,309,675
516,427,113

$ 529,059,916

$

94,184,365

$

5,424,072

$

250,582

$

2,529,113

$

14,918,211

$

63,129,927

$

52,265,211

$

20,266,105

$

54,213,803

$ 366,381,259

$

37,940,291

$

4,650,439

$ 218,535,661

$

9,117,843

$ 351,495,742

$ 149,336,292

$ 139,963,748

$

2,340,875

$

10,442,900

$

3,801,700

$

25,513,290

$ 358,488,651

$

4,222,222

$ 2,518,472,218

$

6,080,274

$ 1,243,898,714

Budget Unit: Department of Industry, Trade and Tourism
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Local Welcome Center Contracts

$

29,002,846

$

11,934,405

$

1,454,492

$

562,389

$

45,000

$

93,724

$

409,336

$

844,245

$

422,215

$

1,516,887

$

250,600

Tuesday, February 29, 2000

865

Marketing Georgia Ports Authority Lease Rentals Foreign Currency Reserve Waterway Development in Georgia Lanier Regional Watershed Commission Georgia World Congress Center

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Economic Development

$

Trade

$

Tourism

$

Georgia Legacy

$

Strategic Planning and Research

$

Total

$

Section 18. Department of Insurance.
Budget Unit: Department of Insurance Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Health Care Utilization Review

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Internal Administration

$

Insurance Regulation

$

Industrial Loans Regulation

$

Fire Safety and Mobile Home Regulations

$

Special Insurance Fraud Fund

$

Total

$

Section 19. Department of Juvenile Justice.
Budget Unit: Department of Juvenile Justice Personal Services Regular Operating Expenses

$ $ $ $ $ $
$
$
Total Funds 14,067,633 $ 5,297,610 $ 2,254,113 $ 4,379,658 $ 266,955 $ 2,736,877 $
29,002,846 $
$ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 4,735,486 $ 5,672,360 $ 605,057 $ 5,088,822 $ 824,399 $
16,926,124 $
$ $ $

8,464,553 0 0
50,000 0
2,955,000
29,002,846
29,002,846
State Funds 14,067,633 5,297,610 2,254,113 4,379,658 266,955 2,736,877
29,002,846
15,456,662 14,233,146
683,241 421,713
95,000 34,275 200,088 796,091 317,912 144,658
0
16,926,124
15,456,662
State Funds 4,735,486 5,672,360 605,057 3,619,360 824,399
15,456,662
237,128,264 139,705,017
14,371,406

866

JOURNAL OF THE SENATE

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Regional Youth Development Centers

$

Bill Ireland YDC

$

Augusta State YDC

$

Lorenzo Benn YDC

$

Macon State YDC

$

Wrightsville YDC

$

YDC Purchased Services

$

Eastman YDC

$

Court Services

$

Day Centers

$

Group Homes

$

CYS Purchased Services

$

Sumter YDC

$

Law Enforcement Office

$

Assessment and Classification

$

Multi-Service Centers

$

Youth Services Administration

$

Office of Training

$

Total

$

Section 20. Department of Labor.
Budget Unit: Department of Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts

$ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 57,550,823 $ 19,044,494 $ 12,585,656 $ 6,876,319 $ 7,947,149 $ 17,402,800 $ 26,240,217 $ 11,569,840 $ 24,242,695 $ 528,224 $ 1,143,739 $ 26,966,065 $ 832,038 $ 2,500,815 $ 637,469 $ 4,107,477 $ 21,400,297 $ 2,288,348 $
243,864,465 $
$ $ $ $ $ $ $ $ $ $ $

1,975,130 373,576
1,220,034 3,301,765 2,095,730 2,097,744 16,485,581 3,368,520
950,885 0
28,159,686 29,759,391
0 0
243,864,465
237,128,264
State Funds 55,972,865 18,362,732 12,004,080 6,626,335 7,626,777 16,734,710 25,477,272 11,182,195 23,980,200 528,224 1,143,739 25,833,289 832,038 2,500,815 637,469 4,017,477 21,379,699 2,288,348
237,128,264
11,854,273 79,196,888 6,580,372 1,419,181
0 413,385 2,179,103 1,920,544 1,759,042 54,500,000 5,402,607

Tuesday, February 29, 2000

867

W.I.N. Grants Payments to State Treasury Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Section 21. Department of Law.
Budget Unit: Department of Law Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Books for State Library

Total Funds Budgeted

State Funds Budgeted

Section 22. Merit System of Personnel Administration.

$

0

$

1,287,478

$

0

$ 154,658,600

$

11,854,273

$

14,624,689

$

13,881,100

$

717,235

$

199,322

$

21,000

$

17,350

$

305,201

$

826,548

$

162,924

$

16,160,000

$

187,000

$

32,477,680

$

14,624,689

Budget Unit: Merit System of Personnel Administration Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem, Fees and Contracts Computer Charges Telecommunications
Total Funds Budgeted
Federal Funds Other Agency Funds Agency Assessments Employee and Employer Contributions Deferred Compensation State Funds Budgeted

Departmental Functional Budgets

Executive Office

$

Human Resource Administration

$

Employee Benefits

$

Internal Administration

$

$ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $
Total Funds 1,336,640 $ 4,316,771 $ 1,994,370 $ 4,863,490 $

0 7,313,055
846,478 91,147 22,864
758,586 1,010,974 2,248,400
219,767
12,511,271 0
1,275,762 10,722,136
0 513,373
0
State Funds 0 0 0 0

868

JOURNAL OF THE SENATE

Total

$

Section 23. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion Cost of Material for Resale Capital Outlay: New Construction Repairs and Maintenance Land Acquisition Support Wildlife Management Area Land Acquisition Shop Stock - Parks User Fee Enhancements Buoy Maintenance Waterfowl Habitat Paving at State Parks and Historic Sites Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation Chattahoochee River Basin Grants Contracts: Paralympic Games Technical Assistance Contract Corps of Engineers (Cold Water Creek State Park) Georgia State Games Commission U. S. Geological Survey for Ground Water
Resources U.S. Geological Survey for Topographic Mapping Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust Fund Payments to Georgia Agricultural Exposition
Authority Payments to McIntosh County Georgia Regional Transportation Authority
Total Funds Budgeted
Receipts from Jekyll Island State Park Authority Receipts from Stone Mountain Memorial Association Receipts from Lake Lanier Islands Development Authority
Receipts from North Georgia Mountain Authority

12,511,271 $

0

$ 116,144,556

$

79,892,075

$

14,451,569

$

670,557

$

1,683,825

$

1,906,065

$

2,477,014

$

11,791,858

$

774,458

$

1,318,709

$

0

$

675,000

$

1,285,056

$

3,106,176

$

2,875,500

$

243,750

$

982,330

$

350,000

$

1,300,000

$

74,250

$

0

$

500,000

$

800,000

$

341,000

$

0

$

0

$

0

$

0

$

170,047

$

309,438

$

300,000

$

0

$

143,000

$

12,807,746

$

7,102,405

$

2,958,492

$

100,000

$

0

$ 151,390,320

$

892,085

$

0

$

2,663,931

$

1,432,064

Tuesday, February 29, 2000

869

Indirect DOAS Funding State Funds Budgeted

Departmental Functional Budgets
Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance

$ $ $ $ $ $ $ $
Total $

$
$
Total Funds 5,653,968 $ 5,621,945 $ 2,769,992 $ 42,694,639 $ 2,398,880 $ 37,889,186 $ 53,424,497 $ 937,213 $
151,390,320 $

200,000
116,144,556
State Funds 5,638,968 5,621,945 2,279,992 23,185,891 2,228,018 32,613,215 43,639,314 937,213
116,144,556

B. Budget Unit: Georgia Agricultural Exposition Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Georgia Agricultural Exposition Authority

$

Section 24. State Board of Pardons and Parole.
Budget Unit: Board of Pardons and Paroles Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Jail Subsidy Health Services Purchases
Total Funds Budgeted

$ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds
6,756,576 $
$ $ $ $ $ $ $ $ $ $ $ $
$

0 3,050,798 2,580,778
25,000 0
195,000 40,000 0 70,000
795,000 0
6,756,576
0
State Funds
0
48,076,666 37,791,380 1,697,625
555,000 230,000 190,000 591,200 3,038,958 1,165,000 2,062,003 735,500
20,000
48,076,666

870

JOURNAL OF THE SENATE

State Funds Budgeted

Section 25. Department of Public Safety.
A. Budget Unit: Department of Public Safety 1. Operations Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports Year 2000
Total Funds Budgeted

Indirect DOAS Service Funding

2. Driver Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Conviction Reports State Patrol Posts Repairs and Maintenance Driver License Processing

State Funds Budgeted

Total Funds Budgeted

Indirect DOAS Service Funding State Funds Budgeted

Departmental Functional Budgets

Administration

$

Driver Services

$

Field Operations

$

Total

$

$
$
$ $ $ $ $ $ $ $ $ $ $ $ $
$
$
$
$ $ $ $ $ $ $ $ $ $ $ $ $
$
$
$
Total Funds 23,557,807 $ 24,925,164 $ 61,284,552 $
109,767,523 $

48,076,666
107,904,583
64,997,358 7,721,357
104,095 4,311,500
288,190 3,156,710
28,962 2,744,147 1,132,000
145,100 0 0
212,940
84,842,359
1,650,000
82,979,419
20,226,420 1,112,113
61,941 0
62,343 0
47,262 273,300
69,000 0
303,651 34,900
2,734,234
24,925,164
0
24,925,164
State Funds 21,844,867 24,925,164 61,134,552
107,904,583

Tuesday, February 29, 2000

871

B. Budget Unit: Units Attached for Administrative Purposes Only Attached Units Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Office of Highway Safety

$

Georgia Peace Officers Standards and Training

$

Police Academy

$

Fire Academy

$

Georgia Firefighters Standards and Training Council

$

Georgia Public Safety Training Facility

$

Total

$

Section 26. Public School Employees' Retirement System.

$
$ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 3,173,294 $ 1,538,510 $ 1,185,709 $ 1,159,178 $ 460,750 $ 11,186,834 $
18,704,275 $

14,767,504
8,486,817 2,559,964
87,389 80,541 172,746 158,185 160,247 281,073 413,531 2,425,200 3,578,582 300,000
18,704,275
14,767,504
State Funds 386,523
1,538,510 1,095,709 1,049,178
460,750 10,236,834
14,767,504

Budget Unit: Public School Employees' Retirement System Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted

State Funds Budgeted

Section 27. Public Service Commission.
Budget Unit: Public Service Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

Total Funds Budgeted

$

18,602,000

$

575,000

$

18,027,000

$

18,602,000

$

18,602,000

$

9,356,109

$

8,550,722

$

599,588

$

255,400

$

350,124

$

58,306

$

378,286

$

327,795

$

220,072

$

1,546,291

$

12,286,584

872

JOURNAL OF THE SENATE

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Transportation

$

Utilities

$

Total

$

Section 28. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding
State Funds Budgeted

B. Budget Unit: Regents Central Office and Other Organized
Activities Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Fire Ant and Environmental Toxicology Research Agricultural Research Advanced Technology Development Center/
Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Regents Scholarships Rental Payments to Georgia Military College

$

9,356,109

Total Funds 2,801,932 $ 4,293,546 $ 5,191,106 $
12,286,584 $

State Funds 2,801,932 1,636,382 4,917,795
9,356,109

$ 1,417,049,225

$ 1,529,157,178 $ 215,731,047

$ 372,351,204

$ 637,169,805

$

50,340,528

$

1,131,712

$

365,217

$

979,646

$

8,660,332

$

1,175,000

$ 2,817,061,669

$ 103,648,940 $ 852,900,852

$ 440,423,152

$

3,039,500

$ 1,417,049,225

$ 185,482,556

$ 301,522,127 $ 116,575,795

$ 134,470,359

$

68,133,453

$

0

$

2,708,909

$

18,139,002

$

5,000,000

$

300,000

$

5,184,122

$

962,525

$

600,000

$

0

$

1,387,150

Tuesday, February 29, 2000

873

CRT Inc. Contract at Georgia Tech Research Institute Direct Payments to the Georgia Public
Telecommunications Commission for Operations Area Health Education Center Contracts
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding
State Funds Budgeted
Regents Central Office and Other Organized Activities

Marine Resources Extension Center

$

Skidaway Institute of Oceanography

$

Marine Institute

$

Georgia Tech Research Institute

$

Advanced Technology Development Center/

Economic Development Institute

$

Agricultural Experiment Station

$

Cooperative Extension Service

$

Medical College of Georgia Hospital and Clinics

$

Veterinary Medicine Experiment Station

$

Veterinary Medicine Teaching Hospital

$

Georgia Radiation Therapy Center

$

Athens and Tifton Veterinary Laboratories

$

Regents Central Office

$

Total

$

$
$ $
$ $ $ $ $
$
Total Funds 2,411,940 $ 5,247,450 $ 1,857,769 $
111,217,128 $
23,139,002 $ 71,940,038 $ 58,013,173 $ 354,452,883 $ 3,359,563 $ 5,282,120 $ 3,625,810 $ 3,458,128 $ 35,516,056 $
679,521,060 $

127,604
24,410,014 0
679,521,060 3,576,811
195,411,819 294,506,374
543,500
185,482,556
State Funds 1,548,915 1,747,781 1,091,077 10,169,762
13,652,293 43,981,403 35,514,986 38,356,117 3,359,563
547,294 0
104,158 35,409,207
185,482,556

C. Budget Unit: Georgia Public Telecommunications Commission Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted Other Funds
State Funds Budgeted

$

0

$

10,693,587

$

8,576,118

$

3,889,958

$

4,702,234

$

27,861,897

$

27,861,897

$

0

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Capital Outlay Georgia Military College - Computer Charges

$

92,790,980

$

30,000,000

$

3,015,000

$

1,500,000

$

18,466,000

$

24,200,000

$

15,469,980

$

140,000

874

JOURNAL OF THE SENATE

Total Funds Budgeted

Lottery Funds Budgeted

Section 29. Department of Revenue.
Budget Unit: Department of Revenue Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Motor Vehicle Tags and Decals Postage Investment for Modernization Homeowner Tax Relief Grants
Total Funds Budgeted Indirect DOAS Services Funding
State Funds Budgeted

Departmental Functional Budgets

Departmental Administration

$

Internal Administration

$

Information Systems

$

Field Services

$

Income Tax Unit

$

Motor Vehicle Unit

$

Central Audit Unit

$

Property Tax Unit

$

Sales Tax Unit

$

State Board of Equalization

$

Taxpayer Accounting

$

Alcohol and Tobacco

$

Total

$

Section 30. Secretary of State.
A. Budget Unit: Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

$
$
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 46,161,657 $ 8,918,336 $ 12,116,330 $ 17,643,052 $ 8,913,730 $ 19,044,280 $ 8,613,241 $ 87,815,302 $ 4,955,574 $ 20,000 $ 4,601,401 $ 2,683,110 $
221,486,013 $
$ $ $ $ $ $ $ $

92,790,980
92,790,980
216,107,558 68,114,477 5,897,544 1,137,518 209,605 313,114 16,643,346 2,914,564 3,341,779 1,933,600 3,422,795 0 2,404,350 4,175,880 27,977,441 83,000,000
221,486,013 3,845,000
216,107,558
State Funds 46,161,657 8,768,336 11,101,130 17,503,052 8,613,730 17,744,280 8,613,241 86,081,847 4,855,574 20,000 3,961,601 2,683,110
216,107,558
29,064,645 17,981,474 3,167,087
225,650 168,720 127,876 3,005,695 2,829,398

Tuesday, February 29, 2000

875

Telecommunications Per Diem, Fees and Contracts Election Expenses

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Internal Administration

$

Archives and Records

$

Business Services - Corporations

$

Business Services - Securities

$

Elections and Campaign Disclosure

$

Drugs and Narcotics

$

State Ethics Commission

$

State Examining Boards

$

Holocaust Commission

$

Total

$

$ $ $
$
$
Total Funds 4,387,012 $ 5,136,308 $ 2,594,443 $ 2,056,834 $ 4,523,184 $ 1,351,977 $ 389,165 $ 9,424,325 $ 246,397 $
30,109,645 $

790,137 1,172,708
640,900
30,109,645
29,064,645
State Funds 4,357,012 5,061,308 1,874,443 2,006,834 4,503,184 1,351,977 389,165 9,274,325 246,397
29,064,645

B. Budget Unit: Real Estate Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Real Estate Commission

$

Section 31. Soil and Water Conservation Commission.
Budget Unit: Soil and Water Conservation Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ $ $ $ $ $ $ $ $ $
$
$
State Funds
2,295,018 $
$ $ $ $ $ $ $ $ $

2,295,018 1,431,235
175,000 18,000 30,000 7,665
268,033 170,085
62,000 133,000
2,295,018
2,295,018
Cost of Operations
2,335,018
2,251,949 1,468,506
389,285 39,850 28,914 13,253 10,300
122,258 26,926

876

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts County Conservation Grants

Total Funds Budgeted

State Funds Budgeted

Section 32. Student Finance Commission.
A. Budget Unit: Student Finance Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Payment of Interest and Fees Guaranteed Educational Loans Tuition Equalization Grants Student Incentive Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants Paul Douglas Teacher Scholarship Loans Work Incentive for Students
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Georgia Student Finance Authority

$

Georgia Nonpublic Postsecondary Education

Commission

$

Total

$

$ $
$
$
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 33,186,136 $
735,647 $
33,921,783 $

426,907 86,000
2,612,199
2,251,949
33,921,783 532,701 22,680 18,600 0 5,500 25,233 59,589 18,691 52,653 0
4,610,455 27,372,520
0 81,700 320,625 65,075 95,000 127,049
0 513,712
33,921,783
33,921,783
State Funds 33,186,136
735,647
33,921,783

B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees Tuition Equalization Grants Hope Scholarships - Private Colleges Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Engineer Scholarships

$ 210,381,363

$ 111,497,102

$

31,981,035

$

27,567,229

$

0

$

33,547,000

$

693,422

$

225,575

$

3,500,000

$

845,000

$

525,000

Tuesday, February 29, 2000

Total Funds Budgeted

Lottery Funds Budgeted

Section 33. Teachers' Retirement System.
Budget Unit: Teachers' Retirement System Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems H.B.203 - Teachers' Accrued Sick Leave

Total Funds Budgeted

State Funds Budgeted

Section 34. Department of Technical and Adult Education.

A. Budget Unit: Department of Technical and Adult Education Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Salaries and Travel of Public Librarians Public Library Materials Talking Book Centers Public Library Maintenance and Operation Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program
Total Funds Budgeted
State Funds Budgeted

877

$ 210,381,363 $ 210,381,363

$

3,215,000

$

7,322,760

$

397,300

$

20,500

$

0

$

23,950

$

1,061,717

$

622,335

$

284,987

$

389,300

$

0

$

3,050,000

$

165,000

$

0

$

13,337,849

$

3,215,000

$ 265,389,356

$

7,365,399

$

574,232

$

177,380

$

24,658

$

184,271

$

870,529

$

450,787

$

1,009,682

$

146,786

$

16,534,234

$

6,045,458

$

1,104,526

$

7,743,105

$

2,567,500

$ 199,705,237

$

58,469,464

$

6,218,967

$

19,420,938

$

3,600,628

$

11,431,900

$ 343,645,681

$ 265,389,356

878

JOURNAL OF THE SENATE

Departmental Functional Budgets
Administration Institutional Programs
Total

Total Funds

State Funds

$

10,803,724 $

7,720,074

$ 332,841,957 $ 257,669,282

$ 343,645,681 $ 265,389,356

B. Budget Unit: Lottery for Education Computer Laboratories and Satellite Dishes-Adult
Literacy Capital Outlay Capital Outlay - Technical Institute Satellite Facilities Equipment-Technical Institutes Repairs and Renovations - Technical Institutes
Total Funds Budgeted

$

26,982,049

$

0

$

1,000,000

$

0

$

25,982,049

$

0

$

26,982,049

Lottery Funds Budgeted

$

26,982,049

Section 35. Department of Transportation.
Budget Unit: Department of Transportation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Capital Outlay - Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations Contracts with the Georgia Rail Passenger Authority
Total Funds Budgeted

$ 593,399,631

$ 265,143,196

$

62,077,029

$

2,038,150

$

2,014,565

$

7,899,810

$

15,058,380

$

1,336,773

$

3,863,919

$

69,683,518

$ 1,016,353,992

$

5,841,866

$

33,052,000

$

710,855

$

761,338

$ 1,485,835,391

State Funds Budgeted

$ 593,399,631

Departmental Functional Budgets Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration
Total General Funds Budget Planning and Construction Maintenance and Betterments

Total Funds

$ 1,141,955,134 $

$ 242,575,931 $

$

17,859,379 $

$

34,571,796 $

$ 1,436,962,240 $

$

85,000 $

$

0$

State Funds 295,689,552 225,093,946
17,299,379 33,788,121
571,870,998
85,000 0

Tuesday, February 29, 2000

879

Air Transportation

$

Inter-Modal Transfer Facilities

$

Harbor/Intra-Coastal Waterways Activities

$

Total

$

Section 36. Department of Veterans Service.
Budget Unit: Department of Veterans Service Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Operating Expense/Payments to Medical College
of Georgia Capital Outlay WWII Veterans Memorial Regular Operating Expenses for Projects and
Insurance
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Veterans Assistance

$

Education and Training

$

Veterans Nursing Home-Augusta

$

Total

$

Section 37. Workers' Compensation Board.
Budget Unit: Workers' Compensation Board Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Payments to State Treasury
Total Funds Budgeted

State Funds Budgeted

2,985,502 $ 45,091,794 $
710,855 $
48,873,151 $
$ $ $ $ $ $ $ $ $ $
$ $ $
$
$
$
Total Funds 22,316,359 $ 0$ 8,072,029 $
30,388,388 $
$ $ $ $ $ $ $ $ $ $ $
$
$

2,507,391 18,225,387
710,855
21,528,633
21,398,772 5,401,527 253,108 92,245 53,000 492,660 27,080 269,784 82,020 14,389,340
7,724,029 783,095 128,000
692,500
30,388,388
21,398,772
State Funds 16,258,047 0 5,140,725
21,398,772
11,615,616 9,495,810 438,815 130,600 0 16,164 253,320 1,201,575 239,930 99,402 0
11,875,616
11,615,616

880

JOURNAL OF THE SENATE

Section 38. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (Issued) Motor Fuel Tax Funds (Issued)

$ 441,339,053

$

35,000,000

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

$ 476,339,053

$

53,958,710

$

0

Section 39.

Provisions Relative to Section 3, Judicial Branch.

$

53,958,710

The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 40. Provisions Relative to Section 4, Department of Administrative Services.

It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 1999 of all vehicles purchased or newly leased during Fiscal Year 1999.

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 41. Provisions Relative to Section 5,

Tuesday, February 29, 2000

881

Department of Agriculture.

Provided, that of the appropriation relative to Indemnities, $15,000 is designated and committed to control infestation by the small hive beetle and American foul brood.

Section 42. Provisions Relative to Section 7, Department of Community Affairs.

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Acworth City of Acworth City of Adairsville
City of Adel City of Alamo
City of Albany City of Albany City of Albany City of Alma
City of Alma
City of Americus City of Andersonville Appling County Appling County Board of Education City of Aragon City of Arcade Athens/Clarke County
Athens/Clarke County
Athens/Clarke County Athens/Clarke County Athens/Clarke County Atkinson County Board of Education City of Atlanta
City of Atlanta City of Atlanta City of Atlanta
City of Atlanta City of Atlanta

Purchase aluminum bleachers for city parks in Acworth

$

Purchase video cameras for patrol cars in Acworth

$

Replacement or renovation of police department building in

Adairsville

$

Purchase/install emergency warning system in Adel

$

Operating funds for the Ocmulgee Regional Library System Wheeler

County Library) in Alamo

$

Operation of Slater King Adult Rehabilitation Day Center in Albany $

Operation of after school tutorial program for students in East Albany $

Lights for 8th Avenue ball field in City of Albany

$

Construction of law enforcement training center and firearms

qualification range in City of Alma

$

Purchase computer and software, safety fence and install covered

walkways at ABC Child Development Center in Alma

$

Renovate Rylander Theater in Americus

$

Repairs of Holloway Building in Andersonville

$

Operating funds for the Welcome Center in Appling County

$

Purchase band uniforms and instruments for Appling County Schools $

Operation of recreation facility in the City of Aragon

$

Install water line in City of Arcade

$

Repairs to Rutland Psycho Educational Services Center in

Athens/Clarke County

$

Grand Slam project- provide recreational and educational activities in

Athens/Clarke County

$

Operation of Athens Tutorial Program

$

Operation of Creative Visions Foundation in Athens/Clarke County $

Operation of the NE Georgia Food Bank in Athens/Clarke County $

Purchase band uniforms and lighting at Atkinson County Schools

$

Operate Atlanta Consultant Aftercare Georgia Prison and Parole Task

Force

$

Operation of Georgia Soccer Foundation

$

Operate Paradise Baptist Church after school program in Atlanta

$

Operating funds for the School of Library and Information Programs

at Clarke-Atlanta University

$

Operating funds for Day Care Program and Summer Camp

$

Purchase facility for community center in City of Atlanta

$

10,000 10,000
25,000 7,500
25,000 35,000 20,000 25,000
5,000
9,694 100,000
10,000 5,000
20,000
10,000 25,000
75,000
10,000 10,000 10,000 25,000 20,000
30,000 30,000 20,000
500,000 15,000 25,000

882

JOURNAL OF THE SENATE

City of Atlanta City of Atlanta City of Atlanta
Board of Education City of Atlanta
City of Atlanta
City of Atlanta
City of Atlanta
City of Augusta City of Augusta
City of Augusta
City of Augusta City of Augusta Augusta/Richmond County
Augusta/Richmond County Board of Education

Operation of Arts on the Road project in City of Atlanta

$

Operation of the Vine City Housing Ministry

$

Renovation of soccer fields at Inman Middle School in Atlanta

$

Renovation of recreation center at the Community Affairs Ministry in

Fulton County

$

Operation of the Morehouse College Life and History of Black

Georgians

$

Operation of the Outdoor Activity Center after school program in

Fulton County

$

Operating funds for Community Care (Kids in Juvenile Care) in

Fulton County

$

Operation of child advocacy center in Augusta

$

Construct fields and install additional lighting at Master City Little

League

$

Operation of the "Shirley Bladke Burn Retreat" at the Southeastern

Firefighters Burn Foundation in Augusta

$

Operation of the Augusta Clean and Beautiful Program

$

Purchase equipment/install lighting at West Augusta Little League $

Operating funds for the following: Beulah Grove Community

Resource Center, Inc., Lucy C. Laney Museum of Black History,

Augusta-Richmond Opportunities Center Inc., Good Hope Social

Service Ministry, Inc., CSRA Transitional Center, Inc., and Shiloh

Comprehensive Community Center

$

Purchase equipment for Wilkinson Garden Elementary, Terrace

Manor Elementary, and purchase equipment and renovate new wing

for Glenn Hills High School in Augusta/Richmond County

$

20,000 50,000 25,000
50,000 50,000 50,000 20,000 40,000 15,000 55,000 20,000 15,000
37,000
30,000

Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Bacon County
City of Baconton City of Bainbridge
Baker County Baldwin County
Baldwin County Baldwin County Baldwin County Board of Education Baldwin County
Board of Education Baldwin County

Operation of Augusta-Richmond County Fire Rescue Safety House $

Installation of a therapeutic whirlpool at Belle Terrace Swim Center-

Augusta Recreation and Parks Department

$

Operating funds for Augusta Youth Center

$

Operate the Augusta/Richmond County Museum

$

Restoration and equipment in VFW Building and Masonic Lodge in

Bacon County

$

Improvements to public water delivery service in Baconton

$

Construct the Southwest Georgia Welcome Center in Bainbridge

including land acquisition, improvements and other capital outlay or

development costs

$

Provide funds for site preparation for Baker Elementary School

$

Develop master plan for Georgia College and State University

campus in Baldwin County

$

Operation of Oconee Prevention Resource Council Inc. in Baldwin $

Purchase fireboat for Baldwin County Fire Department

$

Operation of STAR program in Baldwin County Schools

$

Operation of disciplinary program for middle schools in the Baldwin

County Student Transition & Recovery Program

$

Purchase computers and education software for Baldwin County

Boys and Girls Club

$

10,000
5,000 25,000
5,000
5,000 10,000
1,554,600 25,000 10,000 10,000 35,000 25,000
25,000 10,000

Tuesday, February 29, 2000

883

Banks County City of Barnesville
Barrow County
Barrow County
Bartow County
Bartow County Bartow County Bartow County
Bartow County Ben Hill County
Ben Hill County City of Berlin Berrien County Berrien County Berrien County
Board of Education Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County City of Blackshear
City of Blakely City of Blakely Bleckley County City of Bloomingdale
City of Boston
City of Bowersville Brantley County
City of Bremen City of Bremen Brooks County Brooks County City of Broxton City of Brunswick City of Brunswick City of Brunswick
Bryan County Board of

Micro-filming of records in Banks County

$

Purchase automated external defibrillators and an air respiration

system for City of Barnesville

$

Operation of Peace Place Inc. Shelter for battered women in Barrow

County

$

Renovate Peace Place, Inc., a battered women's shelter in Barrow

County

$

Construct a water facility and expand industry for industrial park in

County

$

Operation of child advocacy center in Bartow County

$

Purchase equipment for Folsom Fire Station in Bartow County

$

Purchase equipment for Pine Log Volunteer Fire Department in

Bartow County

$

Replace vehicle Bartow County transportation of retarded children $

Restoration on e-wing of building and air conditioning for after

school learning center in Ben Hill County

$

Improvements to Ben Hill County landing

$

Roof repair on community center in Berlin

$

Purchase equipment for livestock show barn in Berrien County

$

Purchase computer system for the Berrien County Sheriff Department $

Purchase band instruments for Berrien County High School

$

Operation of the Lighthouse Mission in Bibb County

$

Provide funds for a feasibility study for a stadium in Bibb County $

Operate the Adopt-a-Role Model in Bibb County

$

Operating funds for the Hay House in Bibb County

$

Operating funds for the Douglas Theater in Bibb County

$

Operating funds for the Harriette Tubman Museum in Bibb County $

Develop recreation property for South Bibb County

$

Operation of Macon Mentoring Program in Bibb County

$

Operating funds for Mid Georgia Council on Drugs in Bibb County $

Operating funds for the Tubman Museum in Bibb County

$

Operating funds for Bibb County Teen Court

$

Purchase band uniforms for Central High School in Bibb County

$

Purchase equipment and improvements to Old Depot Building in

Blackshear

$

Renovation of gym in Blakely

$

Replace water lines and fire hydrants in the City of Blakely

$

Operating funds for Bleckley Fire Department

$

Repairs and equipment for softball and baseball fields in

$

Bloomingdale

Renovate library to be used as multi-purpose community center in

Boston

$

Enhancement to city infrastructure in Bowersville

$

Operating expenses for constituent services program in Brantley

County

$

Operating expenses for Bremen Schools

$

Operating expenses for Bremen recreation facility

$

Renovate community center in Simmon Hill, Brooks County

$

Construct Tallokas Community Fire House in Brooks County

$

Rehabilitation of city hall in Broxton

$

Replace recreation equipment in Goodyear Park, City of Brunswick $

Replace recreation equipment in College Park, City of Brunswick $

Construct a permanent location at City Dock for area shrimpers in

Brunswick

$

Purchase uniforms, equipment, and supplies for Bryan County

20,000
15,000
15,000
10,000
240,000 40,000 25,000
25,000 75,000
10,000 15,000
5,000 10,000 25,000 10,000
100,000 75,000 15,000 30,000 50,000 50,000 40,000 15,000 25,000 15,000 15,000 10,000
5,000 15,000 20,000 15,000 10,000
20,000 10,000
5,000 50,000 15,000 10,000 12,000
5,000 20,000 20,000
10,000

884

JOURNAL OF THE SENATE

Education Bryan County
Board of Education Bryan County City of Buchanan Bulloch County
Butts County Butts County
City of Byron City of Byron City of Byron City of Cadwell Calhoun County Board of Education City of Cairo Camden County
City of Camilla Candler County
City of Canon City of Carnesville City of Cartersville City of Cave Spring City of Cave Springs City of Cecil
City of Cedartown City of Centerville City of Centerville/ Houston County City of Chamblee
City of Chamblee Charlton County Charlton County
Chatham County
Chatham County Chatham County
Chatham County
Chatham County Chatham County Chatham County
Chatham County
Chatham County
Chatham County Chatham County

athletic teams

$

For school activities by Bryan High School Booster Club and

Hendrix Park Expansion

$

Purchase equipment for emergency fire vehicle in Bryan County

$

Operating expenses for Buchanan recreation facility

$

Construct restroom building adjacent to soccer complex at Mill Creek

Park, Statesboro in Bulloch County

$

Purchase equipment for the Butts County Fire Department

$

Purchase equipment, renovate playground, and repair tennis courts in

Butts County

$

Develop downtown park in City of Byron

$

Operation of a city park in Byron

$

Purchase equipment and improvements for Byron City Park

$

Operating funds for City of Cadwell

$

Resurface track at Calhoun County High School

$

Repairs to Roddenberry Memorial Library in Cairo

$

Operation of Risk Watch Program at the Camden County Fire Rescue

Unit

$

Improvements to a recreational complex in Camilla

$

Purchase equipment and supplies for the communications center in

Candler County

$

Operating funds and equipment at Canon City Community Center $

Construction on Carnesville recreational complex

$

Operation of recreation facility in the City of Cartersville

$

Purchase water pump for water system in Cave Spring

$

Repair roof for Georgia School for the Deaf

$

Purchase fire fighting equipment for volunteer fire department in

$

Cecil

Operation of recreation facility in the City of Cedartown

$

Operating funds for the Senior Citizen Building in Centerville

$

Operating expenses for Centerville/Houston County Fire Department $

Improvements to computers at Elaine Clarke Center in City

of Chamblee

$

Operation of a multi-use recreational facility in the City of Chamblee $

Repairs and maintenance of county buildings in Charlton County

$

Purchase radio communication equipment for Southern Charlton

County

$

Construct firing range at Armstrong State University in Chatham

County

$

Operation of Historic Lucas Theater in Chatham County

$

Operating funds for the Roundhouse Center Complex in Chatham

County

$

Operating funds for Bamboo Farm and Coastal Gardens in Chatham

County

$

Outdoor Kiosk-Highway 21 to I-95 in Chatham County

$

Repairs for Cooper Center in Garden City

$

Repairs and improvements to the Oglethorpe Academy in City of

Savannah/Chatham County

$

Operation of the Eighth Air Force Museum "Women in Aviation"

Exhibit in Chatham County

$

Operation of the Mighty Eighth Air Force Museum in Chatham

County

$

Purchase van for Frank Callen Boys & Girls Club in Chatham County $

Promote tourism in Chatham County including land acquisition,

15,000
50,000 10,000 15,000
10,000 30,000
15,000 50,000 10,000
5,000 10,000 10,000
10,000
90,528 25,000
10,000 15,000 25,000 25,000 25,000 25,000
7,500
25,000 25,000 25,000
15,000 20,000
5,000
25,000
25,000 50,000
100,000
25,000 10,000
5,000
45,000
50,000
100,000 30,000

Tuesday, February 29, 2000

885

Chattahoochee Board of Education
Chattooga County
Chattooga County
Chattooga County Board of Education City of Chester City of Chickamauga Clarke County Clay County Clay County Clay County Clayton County Board of Education
Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County
Clayton County
Clayton County Board of Education Clayton County
Clayton County
Clayton County Clayton County City of Climax Clinch County Clinch County Cobb County
Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education

improvements and other capital outlay or development costs

$

Purchase equipment and supplies for the Chattahoochee Board of

Education

$

Improvements to the water line at Chattooga County Cloudland

Water System

$

Purchase 'Jaws of Life' for Gore Fire Department in

Chattooga County

$

Construct a computer technology shop for Chattooga High School in

Chattooga County

$

Establish a Chester City Police Department

$

Historic preservation and paving in Chickamauga

$

Operation of Strong Day Recovery Residence in Clarke County

$

Operation of the Clay County EMS/ambulance services

$

Planning funds for the Clay County Airport

$

Operating expenses for EMS/ambulance services in Clay County

$

$5,000 each to West Clayton Elementary, E.W. Oliver Elementary,

Northcutt Elementary, Church St. Elementary, and Riverdale

Elementary for playground equipment; $10,000 for North Clayton

High (band uniforms); $10,000 each for operating expenses for

Pointe South Middle, North Clayton Middle, Riverdale Middle,

and Riverdale High School

$

Purchase playground equipment for Riversedge Elementary in

Clayton County

$

Purchase computer software for at risk reading students of Suder

Elementary in Clayton County

$

Purchase new bleachers for soccer/softball fields at Lovejoy High

School in Clayton County

$

Purchase circulating media table and projection device for Kemp

Elementary in Clayton County

$

Calvary Refuge Center - operation of emergency shelter and refuge

center for misplaced persons in Clayton County

$

Reynolds Nature preserve -park development/enhancements in

Clayton County

$

Purchase safety cameras for school buses in Clayton County

$

Forest Park Athletic Complex- remodel concession stand and

purchase equipment in Clayton County

$

Construct child care center for Youth Empowerment Project in

Clayton County

$

Operation of the Arts Clayton, Inc. in Clayton County

$

Operation of the Alzheimer's Support Services in Clayton County $

Purchase fire equipment in City of Climax

$

Operation of Bridges of Hope in Clinch County

$

Renovate/install canopy at Clinch County Recreation Park

$

Renovations to and lighting for Clarksdale Village Baseball Fields

(Southwest Baseball Association, Inc.) in Cobb County

$

Foundation 2000 for Children improve educational facilities in Cobb

County

$

Improve educational facilities for South Cobb High School Education

Foundation

$

Purchase equipment and renovate North Cobb High School stadium $

Purchase of two sousaphones for North Cobb High School

$

Brumby Elementary School- Provide covered walkways and

landscape in Cobb County

$

3,650,000 50,000 50,000 10,000 37,000 5,000 15,000 10,000 20,000 15,000 10,000
75,000 7,500 7,500
12,000 10,000 30,000 60,000 10,000
25,000 40,000 25,000 50,000
5,000 10,000
5,000 20,000 25,000 15,000 10,000
5,000
10,000

886

JOURNAL OF THE SENATE

Cobb County Board of Education Cobb County Cobb County Board of Education Cobb County
Cobb County Board of Education
Cobb County Board of Education Cobb County Board of Education Cobb County City of Cobbtown City of Cochran Coffee County
Coffee County
Coffee County
Coffee County Board of Education Coffee County Board of Education City of Colquitt
Colquitt County
Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County
Columbia County
Columbia County Board of Education Columbia County
Columbia County Board of Education
Columbia County Board of Education
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County

Teasley Elementary School- Provide wiring upgrades and covered

walkways in Cobb County

$

Expansion of the Cobb County Youth Museum, Inc.

$

Sprayberry High School- build field house in Cobb County

$

Purchase/install lights for Clarksdale Village Baseball Fields

(Southwest Baseball Association, Inc.) in Cobb County

$

Construction of multi-purpose outdoor classroom at Pope High

School in Cobb County

$

Construct an athletic facility for Campbell High School in Cobb

County

$

Purchase musical instruments and computer equipment for Autry

Middle School in Cobb County

$

Operation of the Cobb County Collaborative

$

Upgrade softball field in Cobbtown

$

Operating funds for Cochran Arts Center

$

Soccer field improvements at South Georgia Soccer Club in Coffee

County

$

Purchase radio repeater and tower for Coffee County emergency

management

$

Purchase equipment for West Green Community Center Fire

Department in Coffee County

$

Purchase lighting for Coffee High School practice field

$

Purchase Coffee County High School PA System

$

Planning, design and renovation of historic building in City

of Colquitt

$

Purchase turnout gear for the Colquitt County Volunteer Fire

Department

$

Operating funds for the Columbia County School System

$

Renovation and improvements to stadiums at Evans High School in

Columbia County

$

Improvements to girl's softball field at Evans High School in

Columbia County

$

Purchase of band uniforms for Lakeside High School in Columbia

County

$

Purchase of communications equipment for Columbia County

Sheriff's Department

$

Purchase air packs and equipment for Appling Volunteer Fire

Department in Columbia County

$

Purchase safety lighting for baseball field at Greenbriar High School

in Columbia County

$

Landscape, erosion control and improvements to playground at Blue

Ridge Elementary in Columbia County

$

Operation of foreign language program in Columbia County schools $

Playground improvements at South Columbia Elementary

$

Operation of Peabody Against Drugs

$

Operation of BTW Against Drugs

$

Operation of SW Muscogee Against Drugs

$

10,000 25,000 35,000
15,000 50,000 20,000
3,000 20,000
5,000 10,000
5,000 5,000 10,000 10,000 1,500
10,000 10,000 340,000
5,000 10,000 10,000 10,000 10,000 25,000
5,000 50,000
5,000 5,000 5,000 20,000

Tuesday, February 29, 2000

887

Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County City of Columbus City of Columbus
City of Columbus
City of Columbus City of Columbus City of Commerce Board of Education City of Concord City of Conyers Cook County
Board of Education Coweta County
Coweta County Crawford County Crisp County City of Cuthbert
City of Dallas City of Dalton City of Dalton City of Danville City of Darien

Operation of prison rehabilitation in Muscogee County

$

Operation of the "Winterfield on the Move" in Muscogee

County

$

Operation of the "Veterans Life Action Center" in Muscogee

$

Operation of the Columbus Community Center Outreach Program in

Columbus/Muscogee County

$

Operate Project Rebound/Family Institute alternative program in

Columbus

$

Operate Community Health Center for South Columbus in Muscogee

County

$

Operate Two Thousand Opportunities, Inc. in Columbus/Muscogee

County

$

Operate Liberty Theater Cultural Center, Inc in Columbus/Muscogee

County

$

A.J. McClung YMCA-Operation of after school program in

Columbus

$

Operate the Play and Learn Together Program in

Columbus/ Muscogee County

$

Operation of Summer tutorial program by Combined Communities of

Southeast Columbus

$

Operation of The Spencer House in Columbus/ Muscogee County $

Operation of the Metro Columbus Urban League Youth Alive

$

Columbus Youth Network outreach program for disadvantaged youth

in Columbus/Muscogee County

$

Operating funds for the Springer Opera House in Columbus

$

Operating funds for the Metropolitan Columbus Task Force for the

Homeless in Columbus

$

Operating funds for the Woodruff Museum of Civil War Naval

History in Columbus

$

Operation of Easter Seals Program of West Georgia in Columbus

$

Operating funds for Outreach Program-Boys Club of Columbus, Inc $

Purchase/install heating and cooling unit for Commerce High School

gym

$

Water system improvements in Concord

$

Development of Big Haynes Creek Nature Center

$

Pave sidewalk at Cook County Middle School along Elm Street

$

Construct the Coweta Central Education Center for a Governor's

Education and Reform Study Commission (GERSC) pilot project

including land acquisition, improvements and other capital outlay or

development costs

$

Equip Senior Center rooms in Newnan/Coweta County

$

Operation of Crawford County Recycling Center

$

Operating funds for the Arts Alliance in Crisp County

$

Cuthbert Housing Authority- Construct an assisted living and

Alzheimer facility in Cuthbert

$

Renovations to the Dallas Theater and Civic Complex

$

Operation of the Northwest Georgia Girls Home

$

Operation of Northwest Georgia Girl's Home in Dalton

$

Repairs and equipment for the Danville Police Department

$

Purchase computer equipment for McIntosh County Sheriffs'

Department in Darien

$

20,000
25,000 25,000
25,000 15,000
35,000
50,000 100,000
25,000
15,000 25,000
20,000
25,000 15,000 100,000 25,000
100,000 40,000
120,000 20,000 10,000 50,000 50,000
7,000,000 10,000 15,000 10,000
10,000 100,000
20,000 25,000 50,000
5,000

888

JOURNAL OF THE SENATE

City of Darien City of Dawson City of Dawson
City of Dearing
City of Decatur DeKalb County
DeKalb County
DeKalb County DeKalb County
DeKalb County
DeKalb County
DeKalb County DeKalb County Board of Education DeKalb County Board of Education DeKalb County DeKalb County DeKalb County
DeKalb County Board of Education DeKalb County
DeKalb County Board of Education DeKalb County DeKalb County DeKalb County Board of Education DeKalb County Board of Education DeKalb County DeKalb County Board of Education DeKalb County DeKalb County DeKalb County DeKalb County
DeKalb County
DeKalb County
DeKalb County DeKalb County Board of Education DeKalb County Board of Education

Repairs to Fort King George Quarters Barrack in Darien

$

Install central air and heating at Carnegie Library in Dawson

$

Renovation of downtown building by Dawson Downtown

Development Authority

$

Operation of the Center for Applied Nursery Research in the City of

Dearing

$

Repair of sidewalk in City of Decatur

$

Design and construction for DeKalb County Children's Shelter for

two therapeutic group homes

$

Purchase right-of-way and design for intersection of Briarcliff and

LaVista in DeKalb County

$

Construct a service center at Senior Connections in DeKalb County $

Make improvements to the Briarwood Recreation Center and

grounds in DeKalb County

$

Renovation of classroom at Cedar Grove Middle School for DeKalb

Environmental Education Center

$

Construct storm water flood protection at Zonolite Drive Industrial

Park in DeKalb County

$

Beautification of DeKalb communities

$

Repair and purchase of band instruments for Towers and Columbia

High Schools in DeKalb County

$

Operation of DeKalb elementary schools honors programs

$

Operation of the Senior Connection in DeKalb County

$

Develop master plan for Dresden Park in DeKalb County

$

Operation of Scottdale Child Development & Family Resources

Center of Central DeKalb

$

Stone Mountain Middle School for purchase of marquee in DeKalb

County

$

Improvements to Gresham Park Baseball and Softball Association

field and Senior Center in South DeKalb

$

Purchase materials for Word Up Reading Program at Kelley Lake

Elementary School in DeKalb County

$

Operate Changed Living Recovery Residence, Inc. in DeKalb County $

Operate Youth Vision Industry Business Empowerment, Inc.

$

Operate the Soar to Success Reading Program at Flat Shoals

Elementary School in DeKalb County

$

Purchase educational materials for Gresham Park Elementary after

school and tutorials programs in DeKalb County

$

Beautification projects in DeKalb County

$

Beautification project at Glenhaven Elementary in DeKalb County $

Contract for services from Operation Dignity in DeKalb County

$

Operation of neighborhood after school programs in DeKalb County $

Purchase school supplies for Decatur Arts Academy

$

Purchase of equipment and supplies for DeKalb County Sheriff

Reserve

$

Clarkston Community Center Foundation for Old Clarkston High

renovations in DeKalb County

$

Study and planning for War Between the States campsites in DeKalb

County

$

Purchase and plant trees in DeKalb County

$

Purchase and install electric sign at Toney Elementary School in

DeKalb County

$

Operation of Forrest Hills Elementary School for Accelerated

Reading Program in DeKalb County

$

25,000 30,000
50,000
20,000 12,000
38,000
10,000 25,000
10,000
10,000
25,000 10,000
12,000 13,000
2,000 20,000
20,000
5,000
25,000
10,000 25,000 40,000
5,000
10,000 10,000
5,000
15,000 15,000
2,000
2,000
25,000
75,000 25,000
6,000
8,000

Tuesday, February 29, 2000

889

DeKalb County
DeKalb County DeKalb County DeKalb County DeKalb County
DeKalb County DeKalb County DeKalb County
DeKalb County
DeKalb County DeKalb County
DeKalb County
DeKalb County DeKalb County City of Dexter City of Dillard Dodge County
Dodge County City of Donaldsville Dooly County Dougherty County
Dougherty County Dougherty County Dougherty County
Dougherty County Douglas County Douglas County Douglas County
Board of Education Douglas County Board of Education City of Douglas City of Douglas City of Dublin City of Dublin City of Dudley City of Duluth City of East Dublin City of East Point
City of East Point City of Eastman Echols County Effingham County Board of Education Effingham County Effingham County

Operation of Columbia Community Connection's Father to Father

Men's services program in DeKalb County

$

Operation of Georgia Strike Out Stroke Committee in DeKalb County $

Wade-Walker Park - repairs and operations in DeKalb County

$

Operation of Positive Growth, Inc. in DeKalb County

$

Operation of Scottdale Community Planning Council Transitional

Home for Women & Girls in DeKalb County

$

Operation of Scottdale Senior Citizen Center in DeKalb

$

Operation of South DeKalb Community Development Corporation $

Operation of The Legacy Program in DeKalb County for the Decatur

Chapter of 100 Black Women, Inc.

$

Make improvements to and purchase program equipment and

materials for Mark Trail Recreation Center

$

Operation of mentoring programs in DeKalb County

$

Operation of William T. White Family Resource Center in DeKalb

County

$

Operation of Southeast YMCA after school program in DeKalb

County

$

Operation of Safe Haven program in DeKalb County

$

Operation of the Legacy Program in DeKalb County

$

Upgrade of technology in Dexter

$

Renovation of school building in Dillard

$

Improvements to facilities at Eastman/Dodge County Recreation

Department

$

Operating funds for Eastman Dodge County Development Authority $

Purchase equipment for the Donaldsville City Fire Department

$

Purchase/install elevator at the Dooly County Courthouse

$

Operating funds for River Road, Inc d/b/a SAFEC- (South Albany

Family Enrichment Collaborative) in Dougherty County

$

Operating funds for Dougherty County Community Coalition

$

Renovation of Cotton Hall Cultural Center in Dougherty County

$

Provide for a feasibility study for Dougherty County recreation $

facility

Promote Flint River Tourism in Dougherty County

$

Operation of Lithia Springs Library in Douglas County

$

Purchase equipment for Lithia Springs Library in Douglas County $

Equipment for integrated info systems technology lab at Lithia

Springs High School in Douglas County

$

Purchase equipment for Lithia Springs High School in Douglas

County

$

Purchase HAZMAT Trailer for Douglas Fire Department

$

Renovation and concession stand for Wheeler Park in Douglas

$

Monument to public safety officers in Dublin

$

Relocate utilities for road improvements in Dublin

$

Water and sewer upgrades for Dudley Elementary School

$

Construct a community center for Taylor Park in Duluth

$

Relocate water and sewers in East Dublin

$

Transportation for therapeutic recreation program participants in East

Point

$

Operation of project to identify behavioral problems in East Point

$

Operating funds for Magnolia Theater in Eastman

$

Renovate recreation building in Statenville, Echols County

$

Renovation of Old Ebenezer One-Room School in Effingham County $

Construction of public safety facility in Effingham County

$

Improve Jaycee Park in Rincon, Effingham County

$

7,500 7,500 30,000 25,000
75,000 25,000 10,000
50,000
25,000 40,000
35,000
25,000 50,000 10,000 15,000 35,000
5,000 25,000 10,000 100,000
10,000 25,000 10,000 90,000
150,000 25,000 5,000
25,000
10,000 5,000 5,000
10,000 10,000 15,000 60,000 15,000
50,000 30,000 10,000 40,000 10,000
500,000 8,000

890

JOURNAL OF THE SENATE

City of Doerun Effingham County
Elbert County Elbert County Elbert County Elbert County Emanuel County Emanuel County Board of Education Emanuel County Emanuel County Emanuel County City of Emerson City of Enigma
City of Euharlee Fannin County Fannin County City of Fargo City of Fargo Fayette County Board of Education City of Fitzgerald Floyd County Board of Education Floyd County Board of Education City of Folkston City of Ft. Gaines City of Fort Oglethorpe City of Fort Valley City of Fort Valley
Franklin County
Franklin County City of Franklin Springs Fulton County Fulton County
Fulton County
Fulton County Board of Education Fulton County Fulton County Fulton County Fulton County Fulton County
Fulton County Board of Education Fulton County Fulton County

Upgrade and maintenance at recreation facility in Doerun

$

Purchase fire fighting equipment for Sand Hill Fire Department in

Effingham County

$

Elbert County Airport improvements

$

Renovate Elberton Arts Theater in Elbert County

$

Construct facilities at William Recreation Park in Elbert County

$

Replace worn out band instruments - Elbert County High School

$

Purchase equipment for Emanuel County Library

$

Purchase band uniforms for Emanuel County Institute Band

$

Operation of the East Georgia Health Cooperative in Emanuel County $

Repairs/renovation of Emanuel County Arts Council facility

$

Operating funds for Emanuel County

$

Improvements to recreation facility in the City of Emerson

$

Purchase fire fighting equipment for volunteer fire department in City

of Enigma

$

Operation of recreation facility in the City of Euharlee

$

Renovation and repair of Fannin County Courthouse

$

Renovation of the Epworth Community Center

$

Partial re-roofing and renovation of school building in Fargo

$

Renovate Old Fargo Elementary School building

$

Purchase security fence for playground Kedron Elementary in Fayette

County

$

Construct an American Legion Memorial in City of Fitzgerald

$

Operate Children Helping Children in elementary schools of Rome,

Floyd County

$

Purchase band uniforms for Pepperell High School in Floyd County $

Promotion of tourism in Folkston

$

Renovation of senior citizen building in Fort Gaines

$

Purchase fire department equipment and downtown development in

Fort Oglethorpe

$

Purchase of new streetlights for downtown area in Fort Valley

$

Repair roof for theater project at the Fort Valley Downtown

Development Authority

$

Purchase equipment for Gumlog Volunteer Fire Department in

Franklin County

$

Construction of county recreation park in Franklin County

$

Emergency repair to city water/sewer system in Franklin Springs

$

Operating funds for Atlanta Fulton Action Agency

$

Operation of the Council on Minority Health and Education of

Metropolitan Atlanta, Inc

$

Renovation and purchase of equipment for Autry Mill Nature

Preserve in Fulton County

$

Purchase novel sets for Centennial High School in Fulton County

$

Operation of the Promise Children's Home, Inc. in Fulton County

$

Operation of A.U.D.I.E.N.C.E. in Fulton County

$

Operation of Kidsgym USA, Inc. in Fulton County

$

Operate Project Prevent through Emory University in Fulton County $

Operate My House emergency shelter through Emory University in

Fulton County

$

Construction and equip an arboretum outdoor classroom at Dolvin

Elementary in Fulton County

$

Operating funds for Atlanta Fulton Action Agency

$

Restoration and repairs to Williams-Payne Museum building in

10,000
10,000 32,000 25,000 50,000
3,000 10,000 10,000
75,000 15,000 38,000 15,000
7,500 15,000
5,000 10,000 20,000 100,000
20,000 10,000
25,000 25,000
2,500 10,000
10,000 50,000
10,000
10,000 15,000 15,000 30,000
50,000
5,000 10,000
20,000 75,000 50,000 25,000
25,000
20,000 50,000

Tuesday, February 29, 2000

891

Fulton County Fulton County
Fulton County Fulton County
Fulton County City of Funston City of Gainesville City of Gainesville
City of Garden City City of Garden City
Georgia Mountain RDC Georgia Mountain RDC
City of Gibson Gilmer County Glascock County Glascock County City of Glennville
Glynn County
Glynn County
Glynn County Board of Education Glynn County
Grady County City of Gray Greene County
Greene County Greene County Greene County City of Grovetown City of Guyton City of Guyton Gwinnett County
Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Gwinnett County Gwinnett County Board of Education Gwinnett County

Fulton County

$

Operating funds for the Southwest Hospital in Fulton County

$

St. Paul's Golden Age Center-for equipment, operations and staff

training in Fulton County

$

Operation of the Carrie Steele-Pitts Home in Fulton County

$

Renovations to the Southwest Community Hospital to make ADA

compliant in Fulton County

$

Operation of Georgia Coalition of Black Women internship in Fulton $

Purchase office equipment and computers for City of Funston

$

Purchase, plan and develop neighborhood park in Gainesville

$

Purchase playground equipment for south side community in

Gainesville

$

Renovate gym to multipurpose center in Garden City

$

Promote tourism in City of Garden City including land acquisition,

improvements and other capital outlay or development costs

$

Operation of Boys and Girls Clubs in Georgia Mountain RDC

$

Construct a teaching facility for Elachee Nature Science Center for

Georgia Mountain RDC

$

Purchase of computer and software for the Gibson Police Department $

Purchase a Class A fire truck for Gilmer County

$

Construction of an auxiliary fire station in Glascock County

$

Purchase a police car for the Glascock Sheriff Department

$

Glennville Recreation Department -construct storage facility addition

and purchase playground equipment

$

Improvements and repairs to Epworth and Thalmann Parks in Glynn

County

$

Renovate and purchase computer equipment for St. Simons Island

Library in Glynn County

$

Purchase air conditioning at the Glynn Academy High School

$

Operation of the Speech, Hearing and Rehabilitation of Coastal

Georgia, Inc. in Glynn County

$

Show barn and livestock facility improvements in Grady County

$

Rebuild and repaint fire equipment for Gray Fire Department

$

Restoration of the historic Dr. Calvin M. Baber House in Greene

County

$

Restoration of historic Greensboro Gymnasium in Greene County $

Repair and recarpet the Greene County Library

$

Purchase land to develop a recreation complex in Greene County

$

Renovation of Grovetown Community Center

$

Purchase trailer mounted aerial lift in Guyton

$

Purchase playground equipment for City of Guyton

$

Construct a stadium facility at South Gwinnett High School

$

Stadium renovation for South Gwinnett High School

$

Purchase equipment for Berkmar Diamond Booster Club at Berkmar

High School in Gwinnett County

$

Improvements to athletic facilities at Shiloh High School in Gwinnett

County

$

Restoration of 1890 school house in Gwinnett County

$

Norcross High School trip to Washington DC (Gwinnett County)

$

Purchase educational materials and equipment for Rockbridge

Elementary in Gwinnett County Schools

$

Playground repair, enhancement and equipment and math

40,000 100,000
25,000 25,000
50,000 30,000
5,000 40,000
10,000 10,000
150,000 10,000
5,000 7,500 10,000 10,000 10,000
10,000
20,000
20,000 25,000
25,000 25,000 15,000
2,500 7,500 20,000 30,000 5,000 10,000 10,000 75,000
15,000
25,000
25,000 25,000
20,000
25,000

892

JOURNAL OF THE SENATE

Board of Education
Gwinnett County Board of Education
Gwinnett County
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Hall County Board of Education
Hall County Board of Education
Hall County City of Hampton City of Hapeville Haralson County Haralson County City of Harrison Hart County Board of Education City of Hawkinsville
City of Hawkinsville Heard County Heard County Board of Education Heard County
Heard County City of Hiawassee Henry County Henry County
Henry County Board of Education Henry County Board of Education City of Hoboken City of Hogansville City of Homeland
Houston County Houston County
Board of Education Irwin County Irwin County
Irwin County Board of Education Irwin County

intervention program materials for Nesbit Elementary School

in Gwinnett County

$

Travel expenses for Norcross High School Band in Gwinnett County $

Install lighting, renovate concessions and other improvements to the

Lilburn/Greater Gwinnett Athletic Association/Lions Club Park

$

Construct football stadium at Collins Hill High School in Gwinnett

County

$

Renovate football stadium at Dacula High School

$

Purchase and install lights at Dacula High School baseball field

$

Improvements to fields and equipment at Berkmar High School

in Gwinnett County

$

Improvements to athletic field at Johnson High School in Hall County $

Construct an awning to bus loading area at Flowery Branch

Elementary School in Hall County

$

Develop nature preserve programs at Elachee Nature Science Center $

Renovation of Hampton City Hall

$

Renovations to Hapeville city pool

$

Operating expenses for Haralson County Schools

$

Operating expenses for Blooming Grove Fire Department

$

Completion of a park in City of Harrison

$

Hart County High School - renovation and construction at recreation

complex

$

Maintenance and operation of M.E. Roden Memorial Library in

Hawkinsville

$

Feasibility study for river front improvements in City of Hawkinsville $

Construct a solid waste convenience center in Heard County

$

Purchase field lights for baseball field at Heard County High School $

Purchase lights for Riverside Park in Franklin and create a new

ballpark and playground

$

Provide water and electricity to Brush Creek Park in Heard County $

Renovate and roof historic Hiawassee City Hall

$

Purchase cameras for the Henry County Police Department

$

Build entrance, drainage and practice fields-Moseley Park,

Stockbridge in Henry County

$

Purchase/install lighting system for women's softball field at Eagles

Landing High School in Henry County

$

Purchase/install lighting system for women's softball field at Henry

County High School

$

Construct a veterans memorial in Hoboken

$

Purchase/construct sanitary sewage pump station in Hogansville

$

Operating expenses and equipment for the Homeland Police

Department

$

Operating funds for the Houston County Arts Alliance

$

Purchase equipment for vocation lab in Houston County schools

$

Repair and renovation work to Irwin County Courthouse

$

Repair and restoration of monument on courthouse square in Irwin

County

$

Purchase of equipment for Irwin County High Marching Band

$

Purchase band uniforms for Irwin County High School

$

25,000 10,000
25,000
40,000 50,000
35,000
50,000 20,000
10,000 10,000 10,000 50,000 50,000 15,000 25,000
15,000
10,000 50,000 50,000 15,000
15,000 10,000 25,000 45,000
10,000
10,000
10,000 5,000
75,000
2,500 25,000 15,000
15,000
5,000 5,000
20,000

Tuesday, February 29, 2000

893

Board of Education Jackson County City of Jacksonville Jasper County Jeff Davis County Jeff Davis County Board of Education City of Jefferson Jefferson County Jefferson County Jenkins County
Jenkins County Jenkins County City of Jesup Johnson County Board of Education Johnson County
Johnson County
Johnson County Board of Education
Jones County City of Kennesaw City of Keysville
City of Kingston City of Kingsland City of Kite City of LaFayette Lake City Lamar County
Lamar County Lanier County Board of Education Laurens County Board of Education Laurens County City of Lavonia Lee County Lee County
Lee County Board of Education
Lee County Liberty County
Liberty County
Liberty County Board of Education Liberty County
Liberty County

Construct a horticultural building in Jackson County

$

Operating funds for Jacksonville Fire Department

$

Improvements to Rose Bowl Field for Jasper County

$

Operating funds for the recreation facility in Jeff Davis County

$

Purchase high school ball field lights in Jeff Davis County Schools $

Construction of the City of Jefferson Fire Station

$

Purchase equipment for Jefferson County Sheriff Department

$

Completion of park project in Jefferson County

$

Jenkins County Development Authority- renovate train depot in

Millen

$

Construct addition to Agriculture Center in Jenkins County

$

Repairs to depot/museum chamber office in Jenkins County

$

Senior Citizen facility repairs in Jesup

$

Construct multi-purpose facility in Johnson County Schools

$

Repair pumper truck and equipment for the Scott Volunteer Fire

Department in Johnson County

$

Purchase well, pump and equipment for the Buckeye Volunteer Fire

Department in Johnson County

$

Construct multi-purpose facility for Johnson County schools

$

Operation of Boys and Girls Clubs in Jones County

$

Expansion and renovation of facility at Kennesaw Civil War Museum $

Complete the construction of the Keysville Human Development

Center

$

Sewage project in City of Kingston

$

Construct/operate animal control shelter in City of Kingsland

$

Renovation and repair of community center in City of Kite

$

Purchase police vehicle cameras for LaFayette Police Department $

Improvements to park in Lake City

$

Equipment and improvements for Redbone Volunteer Fire

Department in Lamar County

$

Lamar County Agricultural Authority- Construct a show facility

$

Construct press box and dressing room for football stadium in Lanier

County

$

Planning for joint school auditorium in Laurens County

$

Operating funds for Cedar Grove

$

Development of city park and playing field in Lavonia

$

Install lighting at Lee County Dixie Youth Baseball fields

$

Provide and improve lights at Lee County Pee Wee and Pony League

Fields

$

Improvements to irrigation system on athletic fields at Lee County

Schools

$

Promote economic development at Lake Blackshear in Lee County $

Fleming Volunteer Fire Department equipment purchase in Liberty

County

$

Purchase equipment for Walthourville Fire Department in Liberty

County

$

Repair and renovation at alternative school/psycho-ed center in

Hinesville, Liberty County

$

Purchase medical supplies for Coastal Medical Clinic in Liberty

County

$

Install water and restrooms at Seabrook Village Foundation in Liberty

18,000 5,000
10,000 10,000 50,000
10,000 20,000 50,000
20,000 5,000 5,000
10,000 25,000
2,500
2,500 25,000
10,000 25,000
35,750 31,000 25,000
5,000 25,000 10,000
5,000 50,000
25,000 10,000
10,000 15,000 16,000
40,000
25,000 40,000
5,000
10,000
25,000
17,000

894

JOURNAL OF THE SENATE

City of Lilburn
Lincoln County Lincoln County
Lincoln County
City of Locust Grove Lowndes County Lowndes County Board of Education Lowndes County
Lowndes County
Long County City of Ludowici Lumpkin County
City of Lyons
City of Lyons City of Macon City of Macon Macon County City of Macon City of Macon Madison County
Board of Education City of Madison City of Manchester City of Manchester
City of Marietta City of Marietta
City of Marietta City of Marietta Board of Education Marion County Board of Education City of McCaysville City of McCaysville City of McCaysville City of McCaysville McDuffie County Board of Education McDuffie County
Board of Education McDuffie County
Board of Education McIntosh County City of McRae Meriwether County

County

$

Renovation and equipment Greater Gwinnett Athletic Association

Lions Club Park in Lilburn

$

Purchase pagers and light turnout gear for Lincoln County Rescue $

Purchase equipment for Midway Volunteer Fire Department in

Lincoln County

$

Purchase equipment for Lincoln County Office of Emergency $

Services

Purchase investigative equipment for police department and

recreation improvements for City of Locust Grove

$

Construct North Lowndes County Fire Station

$

Renovate tennis courts at Lowndes County High School

$

Pave drive and parking area of Boys and Girls Club of Valdosta in

Lowndes County

$

Building and design funds for Regional Fire Training Center facility

in Lowndes County

$

Operating expenses for Long County

$

Police and fire departments upgrades in Ludowici

$

Purchase fencing and lighting for public swimming pool in City of

Dahlonega, Lumpkin County

$

Recreation Department to retire outstanding debt on community

center in City of Lyons

$

Operation of the recreation department in Lyons

$

Purchase Police Athletic League equipment in City of Macon

$

Purchase/construct a recreation/sports facility in Macon

$

Increase seating capacity in Macon County school stadium

$

Operate the Douglas Theater in the City of Macon

$

Operation of the Tubman Museum in Macon

$

Construct multipurpose recreation park for Madison County Board of

Education

$

Operation of the Madison Cultural Center

$

Purchase/install street lights for community building in Manchester $

Transfer/removal of overhead power lines in downtown Manchester

County

$

Operation of the Wellstar Hospice Program in Cobb County

$

Repair of pre-Civil War cannon through the Marietta Museum of

History

$

Operating funds for the Marietta Museum of History

$

Playground enhancements at five elementary schools in

Marietta

$

Construct track at football field for Marion County Schools

$

Build and furnish public restrooms in McCaysville

$

Renovate city park in McCaysville

$

Study downtown parking in McCaysville

$

Furnish new City Hall in McCaysville

$

Restoration of Bowden-Johnson Home McDuffie County Historical

Society

$

Purchase equipment for new band facility for the Thomson High

School Band

$

Purchase computer hardware, software and cable for the Thomson

High School band room

$

Construct multi-purpose facility in McIntosh County

$

Operating funds for McRae/Helena South Georgia Auditorium

$

Operating funds for the recreation facility at Greenville High School

20,000
15,000 5,000
5,000 10,000
9,000 25,000 25,000
15,000
10,000 150,000
10,000
5,000
20,000 5,000
15,000 45,000 100,000 100,000 25,000
25,000 2,000
40,000
50,000 50,000
10,000 15,000
25,000 30,000
10,000 10,000 10,000 10,000
10,000
10,000
6,500 35,000 10,000

Tuesday, February 29, 2000

895

Board of Education Meriwether County City of Metter City of Milledgeville City of Millen Miller County City of Milner Mitchell County
Monroe County Monroe County Monroe County City of Montezuma City of Monticello
City of Morrow City of Moultrie City of Moultrie City of Mt. Vernon City of Mountain City City of Mountain Park Murray County Murray County City of Nahunta City of Nashville City of Newnan Newton County Board of Education Newton County Northeast Georgia RDC
Oconee County Board of Education
City of Odum City of Odum City of Offerman Oglethorpe County
City of Patterson
Paulding County Board of Education
Peach County Peach County Peach County City of Pearson City of Pelham City of Perry
Pierce County Pierce County Pierce County Pierce County
Pierce County

in Meriwether County

$

Construct solid waste compactor/convenience center in Meriwether $

Purchase emergency generators for the City of Metter

$

Operation of the Milledgeville Local Welcome Center

$

Correct water drainage problem at recreation complex in Millen

$

Construct fire station #4 in Miller County

$

Renovate, enhance and equip City Park of Milner

$

Operating funds and equipment for volunteer fire departments in

Mitchell County

$

Construction of bleachers for Monroe County Horse/Livestock Arena $

Construction of a building at multi-purpose field in Monroe County $

Construction of dugouts at softball fields in Monroe County

$

Provide downtown parking spaces for City of Montezuma

$

Municipal park construction/improvements at Funderburg Park in

Monticello

$

Improvements to park in City of Morrow

$

Repair facilities in the City of Moultrie

$

Upgrade kitchen facilities at SOWEGA Community Action Council $

Construct park in City of Mt. Vernon

$

Repair roof and operation of City Hall in Mountain City

$

Engineering study on Garrett Lake in City of Mountain Park

$

Purchase walk-in refrigerator and freezer for Senior Citizen Center $

Grounds work at the Chief Van House in Murray County

$

Construction of fire department building in Nahunta

$

Construct a walking track in Nashville

$

Operating funds for Achievers International in Newnan

$

Purchase and install lights for football practice field for Newton High

School

$

Purchase cameras for the Newton County Sheriffs Department

$

Economic development along US 441 in the Northeast Georgia RDC

region

$

Operation of the Agriscience facility at Oconee County High School $

Purchase equipment storage facility in Odum

$

Repairs to City Hall and Fire Department in Odum

$

Purchase truck for Offerman/Big Creek Volunteer Fire Department $

Bryan Park- Purchase of playground equipment and site construction

in Oglethorpe County

$

Operating funds for Heritage Fund to establish and promote historical

sites in Patterson

$

Operation of Paulding County Board of Education recreation facility $

Develop countywide water/sewer system in Peach County

$

Refurbish courthouse faade in Peach County

$

Refurbish courthouse faade in Peach County

$

Purchase of mulchers for City of Pearson

$

Upgrade and install lighting at two sports complexes in Pelham

$

Purchase land for the Genesis House for the Homeless Center in

$

Perry

Operating funds for Pierce County Lee Street Resource Center

$

Improvements to Lakeview Community Center in Pierce County

$

Operating expenses for Pierce County

$

Purchase computer equipment for the Pierce County Chamber of

Commerce

$

Renovate building to use as a resource center and meeting facility at

the Pierce County Consolidated Men's Club

$

25,000 75,000 15,000 10,000
5,000 15,000 10,000
25,000 20,000 10,000 25,000 45,000
15,000 15,000 20,000 20,000
5,000 25,000 25,000 10,000 10,000
5,000 10,000 20,000
45,000 30,000
50,000 10,000
5,000 5,000 5,000
20,000
5,000 25,000
50,000 25,000 25,000
5,000 25,000 25,000
25,000 25,000 50,000
5,000
10,000

896

JOURNAL OF THE SENATE

City of Pinehurst City of Plainville City of Port Wentworth City of Port Wentworth
City of Portal City of Poulan Pulaski County Putnam County
Putnam County Quitman County
Board of Education Quitman County Quitman County Board of Education Quitman County
Quitman County Rabun County Rabun County Rabun County Rabun County Randolph County
Randolph County Town of Rebecca City of Reidsville City of Remerton City of Remerton Richmond County Richmond County
Richmond County
Richmond County Richmond County Richmond County Board of Education Richmond County Board of Education Richmond County Consolidated Government Richmond County Richmond County Richmond County
Board of Education Richmond County Richmond County Richmond County
Richmond County

Construction of utility maintenance barn in Pinehurst

$

Equipment for City of Plainville Fire Department

$

Construct recreational facilities in Port Wentworth

$

Promote tourism in City of Port Wentworth including land

acquisition, improvements and other capital outlay or

development costs

$

Purchase trash truck for City of Portal

$

Purchase truck for trash removal in Poulan

$

Consolidate city/county governments in Pulaski County

$

Purchase/install lights for ballpark at Jimmy Davis facility in Putnam

County

$

Purchase van for Uncle Remus Regional Library system

$

Restoration to the Kaigler Training School Building in Georgetown

for the Quitman Board of Education

$

Feasibility study for Bio Conversion Plant in Quitman County

$

Renovation of building for pre-K and headstart programs in Quitman

County

$

Renovation of doctor's office at the Stewart/Webster Rural Clinic in

Quitman County

$

Feasibility study for Quitman Welcome Center

$

Purchase equipment for Rabun County Volunteer Fire Department $

Operate Fight Abuse in the Home in Rabun County

$

Purchase of fireboat at Lake Seed in Rabun County

$

Purchase rescue equipment in Rabun County

$

Correct erosion problems for the Flint River Girl Scout Council

Camp in Randolph County

$

Feasibility study for an airport in Randolph County

$

Purchase fire station and equipment for City of Rebecca

$

Construct shelter for playground at Reidsville Headstart

$

Renovation of downtown area in City of Remerton

$

Purchase police equipment for City of Remerton

$

Repair roof on the Imperial Theater in Richmond County

$

Technology improvements for State Court Solicitors Office in

Richmond County

$

Establish museum at Augusta Cotton Exchange through the

Augusta/Richmond Museum in Richmond County

$

Operation of Augusta Easter Seals in Richmond County

$

Training for the Richmond County Marshals Department

$

Technology improvements CSRA Law Enforcement Training

Academy in Richmond County Schools

$

Purchase locker locks, new fence for baseball field and landscaping at

Westside High School in Richmond County

$

Purchase of the final tract of land adjacent to Ezekiel Harris House $

in Richmond County

Purchase equipment for Richmond County Boxing Club

$

Operation of Hope House for Women in Richmond County

$

Purchase equipment for new facility at the Davidson School of Fine

Arts in Richmond County

$

Operation of the Golden Harvest Food Bank

$

Operating funds for AKA's historical program in Richmond County $

Operating funds for Summerville Arts Factory summer enrichment

program in Richmond County

$

Operating funds for Southside tutorial after school program in

Richmond County

$

25,000 10,000 25,000
150,000 10,000 10,000 25,000
25,000 8,000
55,000 5,000
10,000
25,000 25,000
5,000 10,000 10,000 15,000
15,000 20,000 10,000
5,000 75,000 20,000 50,000
5,000
40,000 10,000 10,000
5,000
15,000 50,000
15,000 15,000
50,000 20,000 10,000
5,000
40,000

Tuesday, February 29, 2000

897

Richmond County Richmond County Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County Richmond County Richmond County Richmond County Development Auth. City of Riverdale City of Rochelle City of Rockmart Rockdale County City of Rockmart City of Rome City of Rome City of Sale City City of Savannah City of Savannah City of Savannah
City of Savannah
City of Savannah City of Savannah City of Savannah
City of Screven Screven County City of Screven Seminole County Seminole County City of Smyrna
City of Social Circle City of Soperton Spalding County
Board of Education City of Sparks City of Springfield

Operating funds for Imperial Arts Theater in Richmond County

$

Operating funds for the Augusta Ballet in Richmond County

$

Operating funds for Macedonia Connection tutorial program in

Richmond County

$

Operating funds for Tremount Summer Enrichment Program for

youth in Richmond County

$

Operating funds for the historical preservation of the Delta House in

Richmond County

$

Operating funds for children's program at Lucy Laney High School in

Richmond County

$

Operating funds for Jack & Jill Outreach Program for disadvantage

youth/foster children in Richmond County

$

Operating funds for CSRA Economic Opportunity Authority in

Richmond County

$

Operating funds for Delta Leadership Training Program for

mentoring in Richmond County

$

Operating funds for Augusta Task Force for the Homeless in

Richmond County

$

Operating funds for Beulah Grove Community Resource Center for

outreach program and food shelter in Richmond County

$

Operating funds for the Augusta Symphony in Richmond County $

Operation of the CSRA Transitional Center in Richmond County

$

River Race Funding in Richmond County

$

Promote tourism in the City of Augusta including land acquisition,

improvements and other capital outlay and development costs

$

Improvement funds for city park in Riverdale

$

Renovate Rochelle City Hall

$

Equipment for the Rockmart Fire Department

$

Purchase equipment for the Rockdale County Fire Department

$

Operation of recreation facility in the City of Rockmart

$

Operation of Camp Good Times

$

Purchase sprinkler system for Rome History Museum

$

Improvements to local recreation complex in Sale City

$

Preservation of W.W. Law Community Center in Savannah

$

Operating expenses for the Savannah Midtown Community Center $

Procurement of Archive and Library for memorabilia of Ralph Mark

Gilbert in Savannah

$

Promote tourism in the City of Savannah including land acquisition,

improvements and other capital outlay or development costs

$

Operation of Project Success in Savannah

$

Retire debt on EOA Austin House Center in Savannah

$

Renovate/repair building for Cultural Affairs Commission in

Savannah

$

Improvements to the water tower electronics board in City of Screven $

Renovation of Screven County Agricultural Center

$

Community Center repairs in City of Screven

$

Pave parking lot of Senior Citizens Center in Seminole County

$

Purchase equipment for volunteer rescue squads in Seminole County $

Restoration/preservation of markers and headstones at Smyrna

$

Memorial Cemetery

Construction of city park and parking area in Social Circle

$

Operation of recreation facility in the City of Soperton

$

Operation of a program to reduce high school drop-out rates in the

Spalding Board of Education

$

Purchase equipment for Sparks Police Department

$

Match downtown improvement grants in City of Springfield

$

10,000 25,000
8,000
7,000
15,000
25,000
10,000
5,000
20,000
5,000
15,000 10,000 40,000 25,000
10,000,000 10,000 5,000 5,600 30,000 30,000 25,000 25,000 5,000 10,000 10,000
5,000
5,005,000 25,000 25,000
10,000 5,000
50,000 10,000
7,300 10,000 20,000
50,000 10,000
50,000 10,000
5,000

898

JOURNAL OF THE SENATE

City of St. George City of St. Marys Stephens County
Stephens County Stephens County City of Stone Mountain City of Stone Mountain City of Summertown Sumter County
City of Swainsboro City of Sycamore
City of Sylvania Talbot County
Taliaferro County
City of Tallapoosa Tattnall County
Board of Education Tattnall County Board of Education Tattnall County Board of Education Tattnall County Tattnall County Tattnall County Board of Education Taylor County Telfair County Telfair County
Telfair County Board of Education
Terrell County Thomas County
Board of Education Thomas County
Board of Education Town of Thunderbolt Town of Thunderbolt
Tift County Board of Education City of Tifton
Toombs County
City of Toomsboro Treutlen County Turner County City of Tybee Island City of Tyrone

Purchase a fire brush truck for the City of St. George

$

Renovation of Waterfront Theater in St. Mary's

$

Purchase equipment for Tates Creek VFD and renovate Carnes Creek

VFD facilities in Stephens County

$

Install roof and renovate Toccoa-Stephens County Historical Society $

Purchase field fencing for Toccoa Little League in Stephens County $

Operating expenses for ART Station in Stone Mountain

$

ART Station renovation/repair in Stone Mountain

$

Renovation and repair of community center in Summertown

$

Purchase/install outfield fences and related improvements at Little

League field for Sumter County Board of Commissioners

$

Purchase of computer equipment for City of Swainsboro

$

Purchase recreation and playground equipment for new park in

Sycamore

$

Purchase playground equipment for City of Sylvania

$

Improvements to Central High School football stadium in Talbot

County

$

Taliaferro County Volunteer Fire Department - purchase rescue

equipment

$

Operating expenses for Tallapoosa recreation facility

$

Operation of the STARR Program in Tattnall County Schools

$

Purchase band uniforms and instruments in Tattnall County Schools $

Instructor for Tattnall County STAR program

$

Purchase echo-cardiogram unit for Tattnall Memorial Hospital

$

Operation of Tattnall Memorial Hospital

$

Sidewalks from band room to football field in Tattnall County

Schools

$

Purchase property for a parking lot in Taylor County

$

Operating funds for Telfair County

$

Operating funds for Horse Creek Volunteer Fire Department in

Telfair County

$

Pave parking lot and other improvements at Telfair County High

School

$

Repair to clock and steeple at courthouse in Terrell County

$

Refurbish track at Thomasville High School

$

Replace carpet in Central High School Gym in Thomas County

$

Purchase playground equipment for Honey Park, River Drive Park

and Nellie Johnson Park in Thunderbolt

$

Purchase equipment for fire vehicles and volunteer firefighters in

Thunderbolt

$

Purchase band uniforms for Tift County Band

$

Equipment for communications center for City of Tifton Fire

Department

$

Construct restrooms for community center at Cedar Crossing Area in

Toombs County

$

Equip and repair fire truck in Toomsboro

$

Operation and repair of the Treutlen Welcome Center on I-16

$

Construct horse competition and rodeo arena in Turner County

$

Tybee Island Lighthouse restoration

$

Construct a sidewalk/path in the City of Tyrone

$

48,000 25,000
20,000 4,000
10,000 25,000 50,000
5,000
50,000 10,000
10,000 25,000
65,000
10,000 15,000 10,000
10,000
10,000
50,000 100,000
5,000 40,000 10,000
5,000
25,000 15,000 15,000
15,000
5,000
10,000 10,000
20,000
5,000 10,000 10,000 10,000 75,000 40,000

Tuesday, February 29, 2000

899

City of Tyrone
City of Tyrone City of TyTy City of Unadilla Uncle Remus Regional Library System Union County Union County Union County City of Vidalia City of Vidalia
City of Valdosta
City of Vidalia Walker County
Walton County Board of Education Walton County Board of Education Ware County Ware County Board of Education City of Warner Robins
City of Warner Robins City of Warner Robins Warren County Warren County Warren County City of Warrenton City of Warrenton City of Warwick Washington County City of Waycross Wayne County Board of Education Wayne County City of Waynesboro Webster County
Board of Education Webster County Wheeler County
City of Whigham City of Whigham Whitfield County
White County
White County
White County

Construct a concession/restroom facility at the Redwine Community

Park in the City of Tyrone

$

Operation of the Tyrone Library

$

Improvement of recreation areas in TyTy

$

Purchase of jet sewer machine for City of Unadilla

$

Purchase van for Uncle Remus Regional Library System

$

Purchase equipment for Union County Hospital

$

Expand airport in Union County

$

Construct a recreation facility for Union County Parks and Recreation $

Operation of the recreation department in Vidalia

$

Replace playground equipment and renovate Ganelle Davis Park

facility in Vidalia

$

Aid in construction of the Fry Street Community Center in City of

Valdosta

$

Operation of the Vidalia Boys and Girls Club

$

Construct a multi-purpose building at Walker County West

Armuchee Community Center

$

Purchase band uniforms for Loganville High School in Walton

County

$

Purchase band uniforms for Loganville High School in Walton

County

$

Purchase recreational equipment for Ware County

$

Purchase equipment for Ware County ROTC

$

Purchase/install lights and fences for Warner Robins National Little

League Program

$

Operating funds for the Salvation Army Safehouse in Warner Robins $

Operating expenses for the Museum of Aviation in Warner Robins $

Purchase rescue equipment for Warren County

$

Operation of the recreation department in Warren County

$

Purchase of rescue equipment for northern Warren County

$

Renovation of the City of Warrenton Cultural Art Center

$

Restoration of historic gymnasium in City of Warrenton

$

Purchase new police vehicle for City of Warwick

$

Refurbish T.J. Elder Community Center in Washington County

$

Waycross-Blackshear Tourist promotion

$

Lighting for girls softball field in Wayne County

$

ADA improvement to Jaycee public landing area in Wayne County $

Liberty Square Historic Association -beautification and improvement

to historic commercial district in Waynesboro

$

Infrastructure for computers and technical equipment for Webster

County school buildings

$

Repair of courthouse in Webster County

$

Purchase equipment for baseball and midget football at Glenwood

and Alamo Facilities in Wheeler County

$

Purchase equipment for City of Whigham

$

Improvements to city properties in City of Whigham

$

Purchase of Hamilton House and museum for the Whitfield/Murray

Historical Society

$

Road and Bridge, restroom White County Recreation Department

playground in Sautee Nachoochie Community

$

Renovations to a recreation facility at White County Recreation

Department

$

Operation of Pioneer RESA in White County

$

40,000 20,000
5,000 25,000 17,500
248,000 500,000
10,000 5,000
30,000
65,000 5,000
40,000
15,000
10,000 25,000 25,000
10,000 50,000 90,000 12,300
5,000 12,000 20,000 10,000 10,000 25,000 15,000 15,000
15,000
65,000
15,000 10,000
10,000 10,000 15,000
50,000
35,000
20,000 8,000

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Board of Education Wilcox County Wilcox County Wilcox County Wilcox County Wilcox County
Wilcox County
Wilkes County
Wilkinson County Worth County

Construction of Wilcox County Little League ballpark

$

Purchase equipment for Wilcox County ROTC

$

Repair to Wilcox County auditorium

$

Purchase metal building for Cedar Creek Volunteer Fire Department $

Expansion of existing building to accommodate expansion of City

Hall in Wilcox County

$

Purchase building for Cedar Creek Volunteer Fire Department in

Wilcox County

$

Purchase equipment for fire station for Newtown Community in

Wilkes County

$

Repairs to city-county library in Wilkinson County

$

Development and improvements to the youth football program area

buildings and grounds in Worth County

$

5,000 5,000 10,000 5,000
5,000
5,000
15,000 15,000
20,000

If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.

If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Section 43.

Provisions Relative to Section 8, Department of Community Health.

There is hereby appropriated to the Department of Community Health 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 44.

Provisions Relative to Section 11, State Board of Education Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,105.82. 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 45.

Provisions Relative to Section 12, Employees' Retirement System.

It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.

Section 46. Provisions Relative to Section 16,

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Department of Human Resources.

The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

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.

Provided, the Department of Human Resources is authorized to transfer funds, not to exceed $37,377,969, from the Cash Benefits object class to facilitate the stated purposes of the Temporary Assistance for Needy Families program. The purposes are: 1.) To provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; 2.) To end the dependence of needy parents on government benefits by promoting job preparation, work and marriage; 3.) Prevent and reduce the incidence of out-of-wedlock pregnancies; and 4.) Encourage the formation and maintenance of two-parent families.

Section 47. 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 48. Provisions Relative to Section 23,

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Department of Natural Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

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. 45-7-55, 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 49.

Provisions Relative to Section 29, Department of Revenue.

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $2,000 for the taxable year beginning January 1, 1999.

Section 50.

Provisions Relative to Section 33, Teachers' Retirement System.

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.29% for S.F.Y. 2000.

Section 51. Provisions Relative to Section 35, 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 IX, Paragraph VI, Subsection (b) of the State Constitution.

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f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), 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.
Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Section 52.
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 53.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 54.

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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 55.
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 56.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 57.
In accordance with the requirements of Article IX, Section VI, Paragraph Ia 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 58.
(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 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 59.

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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 60.
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 61. Provisions Relative to Section 37 State of Georgia General Obligation Debt Sinking Fund.
With regard to the appropriations in Section 37 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)," $7,795,243 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $87,587,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $9,055,750 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $101,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $218,790 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $935,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $667,500 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $678,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

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therewith, through the issuance of not more than $2,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $55,180 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $620,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $249,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $5,805,025 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $65,225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $592,740 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,660,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $44,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $255,875 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $801,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $801,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the

Tuesday, February 29, 2000

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issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $391,600 is specifically appropriated for the purpose of financing the George L. Smith II World Congress Center projects and facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $623,000 is specifically appropriated for the purpose of financing the George L. Smith II World Congress Center projects and facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $356,000 is specifically appropriated for the purpose of financing the George L. Smith II World Congress Center projects and facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $106,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $58,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $53,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $24,475 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $275,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $160,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $26,700 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,780,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $333,750 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $585,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $351,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $10,680,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $120,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $258,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $774,300 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $246,085 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,765,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $133,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $676,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $278,125 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $73,425 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $825,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $81,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,095,354 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,681,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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JOURNAL OF THE SENATE

From the appropriation designated "State General Funds (New)," $48,950 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $378,250 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $204,255 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,295,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $60,520 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $680,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,700,010 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $415,185 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $454,345 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,105,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $702,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

Tuesday, February 29, 2000

911

From the appropriation designated "State General Funds (New)," $105,910 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $890,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $267,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $400,500 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $427,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $52,510 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $115,700 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $22,428 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $252,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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JOURNAL OF THE SENATE

From the appropriation designated "State General Funds (New)," $26,700 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $108,580 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $142,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $89,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $106,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $111,250 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $133,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $436,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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913

From the appropriation designated "State General Funds (New)," $391,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 62. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2000

$

13,939,922,701

Section 63.

This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 64.

All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3.

All laws and parts of laws in conflict with this Act are repealed.

Senator Hooks of the 14th moved that the Senate adopt the Conference Committee report on HB 1162. On the motion, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer v Bremen N Perdue Y Polak

Y Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Walker Y Williams

On the adoption of the Conference Committee report, the yeas were 37, nays 17, and the Conference Committee report on HB 1162 was adopted.

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The following communication was received by the Secretary:

I wish my vote on HB 1162, taken on February 29th, to be recorded as a No vote. This vote was to agree with the Conference Committee report.

Please also record the date of this request on the record.

/s/ Senator Williams March 1, 2000

The following resolution was read and put upon its adoption:

HR 1169. By Representatives Murphy of the 18th and Walker of the 141st:

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 6:00 P.M. on Wednesday, March 1, 2000, and shall reconvene on Friday, March 3, 2000, and that as authorized by Code Section 28-1-2, the hour for convening the Senate on such Friday may be as ordered by the Senate; and the hour for convening the House on such Friday may be as ordered by the House.

BE IT FURTHER RESOLVED that the General Assembly shall adjourn at 5:00 P.M. on Friday, March 3, 2000, and shall reconvene on Monday, March 6, 2000, and that as authorized by Code Section 28-1-2, the hour for convening the Senate on such Monday may be as ordered by the Senate; and the hour for convening the House on such Monday may be as ordered by the House.

BE IT FURTHER RESOLVED that for the remainder of the 2000 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and reconvene on the following Monday, and that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate and the hour for convening the House on each such Monday may be as ordered by the House

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

N Balfour Blitch
Y Bowen Y Broun Y Brown N 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 Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer v Bremen N Perdue Y Polak

Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Walker N Williams

Tuesday, February 29, 2000

915

On the adoption of the resolution, the yeas were 33, nays 19. The resolution, having received the requisite constitutional majority, was adopted. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow. The motion prevailed, and the President announced the Senate adjourned at 3:20 p.m.

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Senate Chamber, Atlanta, Georgia Wednesday, March 1, 2000
Twenty-ninth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
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 1340.

By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to amend an Act entitled "An Act to create the Catoosa County Public Works Authority," so as to provide for the compensation of certain members of such authority.

HB 1608.

By Representative Lane of the 146th: A bill to provide a new charter for the City of Rocky Ford.

HB 1612.

By Representative Birdsong of the 123rd:
A bill to abolish the present mode of compensating the coroner and deputy coroner of Twiggs County, known as the fee system; to provide in lieu thereof an annual salary for the coroner and deputy coroner; to provide for annual cost-of-living increases in the salaries of such officers.

SB 428.

By Senator Lee of the 29th:
A bill to be entitled an Act to repeal in its entirety an Act providing for the charter of the City of Corinth, as amended; to thereby abolish the existence of the City of Corinth as a municipal corporation; to provide for devolution of the assets and debts and rights and obligations to Heard County; to provide for related matters; to provide that fees, taxes, and assessments may be levied in a special district coterminous with the former City of Corinth for the purpose of retiring debts and obligations of the former city; to provide for related matters; to provide an effective date; to repeal conflicting laws.

HB 1570.

By Representatives Clark of the 3rd, Snow of the 2nd and Joyce of the 1st:
A bill to provide for homestead exemptions from certain City of Fort Oglethorpe ad valorem taxes for municipal purposes for certain residents of the City of Fort Oglethorpe.

Wednesday, March 1, 2000

917

HB 1465.

By Representatives Lane of the 146th, Morris of the 155th, Stokes of the 92nd and others:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, rules and regulations, reporting the number of deer killed, and related matters, so as to increase the bag limit for deer.

HB 1417.

By Representatives Shanahan of the 10th, Murphy of the 18th, Royal of the 164th 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 provide for an exemption from such taxation with respect to certain motor vehicles owned or leased by veterans of the armed forces of the United States who have been awarded the Purple Heart citation.

HB 1448.

By Representatives Orrock of the 56th, Unterman of the 84th, Childers of the 13th and others:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions and preventable diseases, so as to provide for certain pathogen standards; to limit exposures of public employees to such pathogens when carried by needles and similar devices.

HB 1426.

By Representatives Twiggs of the 8th, Murphy of the 18th, Walker of the 141st and others:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to change the requirement for protective natural buffers adjacent to state waters; to provide for a 50 foot buffer adjacent to or on land adjacent to trout streams and a 25 foot buffer adjacent to other state waters; to provide that the vegetation within such buffer may not be cut until land-disturbing activities have ceased.

HB 1348.

By Representatives Smith of the 169th, Benefield of the 96th, Coleman of the 142nd and others:
A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to establish a comprehensive, coordinated, and prioritized system of railway passenger service routes for, within, and throughout this state and to nearly states for purposes of state planning and development and commencement of service.

HB 1531.

By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain disaster assistance.

HB 1532.

By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide an income tax credit for expenses of private driver education for minor dependent children of taxpayers.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

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SB 399.

By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd and others:
A bill to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for state and local government activities with respect to preservation of greenspace; to state legislative intent; to define terms; to create the Georgia Greenspace Commission and provide for its membership, powers and duties, and operations; to create the Georgia Greenspace Trust Fund and provide for appropriations and other additions to said fund, as well as grants and other disbursements from said fund; to provide for eligibility for and award and disbursement of grants to counties; to provide for related matters; to repeal conflicting laws.

The House insists on its position in amending the Senate amendment, 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 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.

The Speaker has appointed on the part of the House, Representatives Parham of the 122nd, Childers of the 13th and Porter of the 143rd.

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1162.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:

A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 19992000.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 514. By Senators Gingrey of the 37th, Lamutt of the 21st and Tanksley of the 32nd:

A bill to be entitled an Act to provide for a homestead exemption from certain City of Kennesaw ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of the City of Kennesaw who are senior citizens; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Finance and Public Utilities.

SB 515. By Senators Tate of the 38th, Thomas of the 10th, Fort of the 39th and Thomas of the 2nd:

A bill to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to create the Georgia Pharmacy Assistance Program for Low-income, Elderly Citizens; to provide for a short title; to provide for definitions; to provide for the creation and operation of a program of pharmaceutical assistance; to provide for qualifications and payments; to provide for administration; to provide for rules and regulations; to provide for the applicability of certain laws; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health and Human Services.

Wednesday, March 1, 2000

919

SB 516. By Senators Gillis of the 20th, Streat of the 19th, Huggins of the 53rd and Starr of the 44th:
A bill to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to exceptions from the licensing requirement for persons practicing professional counseling, social work, or marriage and family therapy, so as to provide an exception for persons who practice professional counseling as employees of privately owned correctional facilities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
SB 517. By Senator Price of the 28th:
A bill to be entitled an Act to encourage the donation and expenditure of private funds for the benefit of elementary and secondary students enrolled in public and private schools in this state through certain tax credits; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to establish the Georgia Elementary and Secondary Education Assistance Corporation; to amend Article 2 of Chapter 7 of Title 48 of the O.C.G.A., relating to the imposition, rate, and computation of state income taxes, so as to provide for a tax credit for contributions to the Georgia Elementary and Secondary Education Assistance Corporation; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 518. By Senator Price of the 28th:
A bill to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to establish the Georgia Elementary and Secondary Education Assistance Corporation; to provide for the membership of the board of directors of such corporation; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of state income taxes, so as to provide for a tax credit for contributions to the Georgia Elementary and Secondary Education Assistance Corporation; to provide for certain limitations on the tax credit; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 519. By Senator Price of the 28th:
A bill to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to establish the Georgia Elementary and Secondary Education Assistance Corporation; to provide for the membership of the board of directors of such corporation; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of state income taxes, so as to provide for a tax credit for contributions to the Georgia Elementary and Secondary Education Assistance Corporation; to provide for certain limitations on the tax credit; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 520. By Senator Price of the 28th:
A bill to be entitled an Act to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Ethics in Government Act," so as to provide for a mandatory training session on ethics laws for members and members-elect of the General Assembly, to

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be conducted by the State Ethics Commission and the chairpersons of the House and Senate ethics committees; to provide for the contents, timing, and location of such training sessions; to provide for the publication of the names of members and members-elect of the General Assembly who fail to attend such training sessions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
SB 521. By Senator Williams of the 6th:
A bill to be entitled an Act to amend an Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, so as to change the provisions relating to the compensation of the judge and solicitor-general of the State Court of Pierce County; to provide for costof-living increases and longevity increases in the compensation of such officers; to provide for a monthly expense allowance for such officers; to provide for reimbursement for certain other expenses incurred by such officers in carrying out the duties of their respective offices; to provide for conditions and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SB 522. By Senator Williams of the 6th:
A bill to be entitled an Act to provide for a homestead exemption from certain Pierce County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 523. By Senator Williams of the 6th:
A bill to be entitled an Act to provide for a homestead exemption from certain Pierce County 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 base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
SB 524. By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:
A bill to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to provide for erosion and sediment control plans for certain construction or maintenance projects of the Department of Transportation or the State Tollway Authority; to provide for an Erosion and Sediment Control Overview Council and the appointment, powers, duties, and compensation of members thereof; to change certain provisions relating to exemptions from the applicability of provisions of said chapter; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.

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SB 525. By Senators Ragan of the 11th and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to authorize the charging of fees for advertisements and notices in the Farmers and Consumers Market Bulletin; to provide for the receipt, disposition, and use of such fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture.
SR 636. By Senators Cable of the 27th, Thomas of the 10th, Butler of the 55th and others:
A resolution urging that more public information be provided regarding the health risks resulting from the human papillomavirus (HPV); and for other purposes.
Referred to the Committee on Health and Human Services.
SR 637. By Senator Price of the 28th:
A resolution creating the Joint Study Committee on Regional Development Centers and Metropolitan Area Planning and Development Commissions; and for other purposes.
Referred to the Committee on Rules.
SR 638. By Senators Gillis of the 20th, Hooks of the 14th, Bowen of the 13th and others:
A resolution designating the William S. Stuckey, Sr., Highway; and for other purposes.
Referred to the Committee on Transportation.
SR 644. By Senators Dean of the 31st, Marable of the 52nd and Walker of the 22nd:
A resolution creating the Senate Petroleum Industry Study Committee; and for other purposes.
Referred to the Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 1340. By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to be entitled an Act to amend an Act entitled "An Act to create the Catoosa County Public Works Authority," approved April 10, 1998 (Ga. L. 1998, p. 4302), so as to provide for the compensation of certain members of such authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1348. By Representatives Smith of the 169th, Benefield of the 96th, Coleman of the 142nd and others:
A bill to be entitled an Act to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to establish a comprehensive, coordinated, and prioritized system of railway passenger service routes for, within, and throughout this state and to nearby states for purposes of state planning and development and commencement of service; to provide legislative findings and declarations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.

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HB 1417. By Representatives Shanahan of the 10th, Murphy of the 18th, Royal of the 164th and others:
A bill to be entitled an Act 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 provide for an exemption from such taxation with respect to certain motor vehicles owned or leased by veterans of the armed forces of the United States who have been awarded the Purple Heart citation; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
HB 1426. By Representatives Twiggs of the 8th, Murphy of the 18th, Walker of the 141st and others:
A bill to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to change the requirement for protective natural buffers adjacent to state waters; to provide for a 50 foot buffer adjacent to or on land adjacent to trout streams and a 25 foot buffer adjacent to other state waters; to provide that the vegetation within such buffer may not be cut until land-disturbing activities have ceased; to provide that such vegetation may be cut at any time when a dwelling is being constructed under contract with or by the owner; to exempt certain springs and streams from such requirements; to provide for rules and regulations governing the issuance of variances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1448. By Representatives Orrock of the 56th, Unterman of the 84th, Childers of the 13th and others:
A bill to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions and preventable diseases, so as to provide for certain pathogen standards; to limit exposures of public employees to such pathogens when carried by needles and similar devices; to provide for definitions; to provide for recording of information and measures to prevent certain injuries and exposures; to provide for lists, evaluation committees, and a fund; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
HB 1465. By Representatives Lane of the 146th, Morris of the 155th, Stokes of the 92nd and others:
A bill to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, rules and regulations, reporting the number of deer killed, and related matters, so as to increase the bag limit for deer; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1531. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th and others:
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 the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain disaster assistance; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.

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HB 1532. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th and others:

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 the imposition, rate, and computation of income tax, so as to provide an income tax credit for expenses of private driver education for minor dependent children of taxpayers; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Finance and Public Utilities. HB 1570. By Representatives Clark of the 3rd, Snow of the 2nd and Joyce of the 1st:

A bill to be entitled an Act to provide for homestead exemptions from certain City of Fort Oglethorpe ad valorem taxes for municipal purposes for certain residents of the City of Fort Oglethorpe; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1608. By Representative Lane of the 146th:
A bill to be entitled an Act to provide a new charter for the City of Rocky Ford; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1612. By Representative Birdsong of the 123rd:

A bill to be entitled an Act to abolish the present mode of compensating the coroner and deputy coroner of Twiggs County, known as the fee system; to provide in lieu thereof an annual salary for the coroner and deputy coroner; to provide for annual cost-of-living increases in the salaries of such officers; to provide that all fees, costs, or other emoluments of said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Agriculture has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 477. Do pass by substitute. HB 1142. Do pass by substitute.

Respectfully submitted, Senator Ragan of the 11th District, Chairman

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Mr. President:

The Committee on Defense, Science and Technology has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 434. Do pass by substitute.

Respectfully submitted, Senator Polak of the 42nd District, Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 497. SB 498. SR 580. HB 592. HB 1166. HB 1290. HB 1364. HB 1375. HB 1321.

Do pass Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 464. Do pass by substitute. SB 479. Do pass by substitute.

Respectfully submitted, Senator Madden of the 47th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:

HR 96. Do pass.

Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

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SB 367. Do pass by substitute. SB 370. Do pass. SR 539. Do pass. HB 1117. Do pass. SB 443. Do pass. HB 1372. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolution were read the second time:

SB 144 SB 228 SB 326 SB 376 SB 426

SB 486 SB 487 SB 489 SR 556

Senator Jackson of the 50th moved that Senator Butler of the 55th be excused. On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Butler was excused.

Senator Cagle of the 49th moved that Senator Ray of the 48th be excused. On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Ray was excused.

The roll was called and the following Senators answered to their names:

Blitch Bowen Brown Brush Burton Cable Cagle Cheeks Crotts Dean Egan Gillis Gingrey Golden Guhl Harbison
Those not answering were:

Hecht Hill Hooks Huggins Jackson James Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer v Bremen Perdue

Polak Price,R Price,T Ragan Smith Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,R Thompson Walker Williams

Balfour Broun Butler (excused) Fort Ray (excused) Scott Thomas, N.

The members pledged allegiance to the flag. Prayer was offered by Reverend James Bumpers of Tremont Temple Baptist Church, Macon, Georgia.

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Senator Brown of the 26th recognized representatives of the 2000 Cherry Blossom Festival, commended by SR 505, adopted previously.

Senator Brown of the 26th introduced Dr. Joseph M. Hendricks of Mercer University, commended by SR 603, adopted previously.

Senator Brown of the 26th addressed the resolution honoring Judge William Augustus Boothe, commended by SR 604, adopted previously.

The following resolutions were read and adopted:

SR 633. By Senator Harbison of the 15th:

A resolution commending Charlotte Frazier; and for other purposes.

SR 634. By Senator Brush of the 24th:

A resolution commending Tonya Burt; and for other purposes.

SR 635. By Senator Cheeks of the 23rd:

A resolution expressing regret at the passing of James Joseph Gallagher; and for other purposes.

SR 639. By Senator Ray of the 48th:

A resolution commending the coaches and players of the Duluth High School Lady Wildcats softball team; and for other purposes.

SR 640. By Senator Dean of the 31st:

A resolution commending and congratulating Shea Cowart; and for other purposes.

SR 641. By Senators Balfour of the 9th and Burton of the 5th:

A resolution commending the Parkview High School boys' swim team for winning another state championship; and for other purposes.

SR 642. By Senators James of the 35th, Gillis of the 20th, Dean of the 31st and others:

A resolution honoring Wayne Reece on the occasion of Safe Drivers' Awareness Day; and for other purposes

SR 643. By Senator Blitch of the 7th:

A resolution commending the Charlton County High School football team; and for other purposes.

SR 645. By Senators Blitch of the 7th, Williams of the 6th and Dean of the 31st:

A resolution commending Impact Ministries, Incorporated; and for other purposes.

Senator Egan of the 40th moved that the following bill be withdrawn from the Judiciary Committee and committed to the Special Judiciary Committee:

SB 308.

By Senators Scott of the 36th, Walker of the 22nd, Egan of the 40th, Broun of the 46th, Land of the 16th, Polak of the 42nd, Kemp of the 3rd and others:

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A bill to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices in general, so as to provide that it shall be unlawful for any person negligently to allow a minor to obtain possession of a pistol or revolver; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Kemp of the 3rd objected.

On the motion, the President ordered a roll call, and the vote was as follows:

Balfour N Blitch N Bowen N Broun N Brown Y Brush
Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan Y Fort
Gillis Y Gingrey N Golden Y Guhl

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

Y Price,R Y Price,T N Ragan E Ray Y Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D Y Thomas,N N Thomas,R N Thompson N Walker Y Williams

On the motion, the yeas were 20, nays 31, and the motion was lost.

Senator Perdue of the 18th moved that the following bill be withdrawn from the Ethics Committee and committed to the Special Judiciary Committee:

SB 33.

By Senator Perdue of the 18th:

A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to define certain terms; to prohibit certain communications to and appearances before state departments, agencies, and boards by former public officers of the State of Georgia; to prohibit certain communications to and appearances before members of the General Assembly by former members of the General Assembly.

Senator Starr of the 44th objected.

On the motion, the President ordered a roll call, and the vote was as follows:

Balfour N Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler

N Harbison N Hecht
Hill N Hooks N Huggins N Jackson N James Y Johnson,E

Y Price,R Y Price,T N Ragan Y Ray N Scott N Smith N Starr Y Stephens

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Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

N Kemp Y Ladd Y Lamutt Y Land
Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

N Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson N Walker Y Williams

On the motion, the yeas were 20, nays 32, and the motion was lost.

Senator Stephens of the 51st moved that the following bill be withdrawn from the Ethics Committee and committed to the Special Judiciary Committee:

SB 384. By Senators Stephens of the 51st, Johnson of the 1st, Perdue of the 18th and others:

A bill to be entitled an Act to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to eligibility and qualifications for office, so as to provide that certain persons who engage in lobbying for compensation and who are required to register with the State Ethics Commission under the provisions of Code Section 21-5-71 shall not be eligible for membership on or after July 1, 2000, on any board, commission, or committee of state government for which the qualifications of members can be established by law; to provide for exceptions; to repeal conflicting laws; and for other purposes.

Senator Walker of the 22nd objected.

On the motion, the President ordered a roll call, and the vote was as follows:

Balfour N Blitch N Bowen N Broun N Brown 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 Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land
Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray N Scott N Smith N Starr Y Stephens N Stokes N Streat
Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson N Walker Y Williams

On the motion, the yeas were 19, nays 33, and the motion was lost.

SENATE RULES CALENDAR

Wednesday, March 1, 2000

Wednesday, March 1, 2000

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SR 459 Joint Study Committee on Prevention, Emergency Care of Injuries-create (Substitute) (H&HS-22nd)
SB 468 Solid Waste Facility-vertical expansion (Substitute) (Nat R-1st)
SB 474 Probated, Suspended Misdemeanor Case-relating to Department of Corrections jurisdiction (Substitute)(Corr-50th)
HB 999 Teachers Retirement; membership; amend provisions (Ret-37th) Cummings-27th HB 1148 Defined Contribution Plan; redefine employee (Ret-51st) Cummings-27th
SR 519 CA: Highway Employee Killed/Disabled on Duty-indemnification (Trans-38th)
HB 988 Employees' Retirement; certain appellate court secretaries; creditable service (Ret-25th) Cummings-27th
SB 438 Insurance Premium Finance Companies-license requirements (I&L-26th) HB 1158 Probate courts; certain judges; appointment as senior judge (Substitute) (Judy-50th)
Jenkins-110th HB 613 Georgia Crime Information Center; certain criminal records; electronic dissemination
(Pub Saf-12th) Jenkins-110th HB 654 Employees' Retirement; certain district attorney investigators (Ret-38th) Greene-158th
HR 621 Toombs Taylor Morgan Memorial Bridge; designate (Trans-13th) Floyd-138th
HR 754 Pierce Jackson Ferguson Memorial Highway; designate (Trans-24th) McCall-90th

Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SR 459. By Senators Walker of the 22nd, Dean of the 31st, Streat of the 19th and others:
A resolution creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia; and for other purposes.
The Senate Health and Human Services Committee offered the following substitute to SR 459:
A RESOLUTION
Creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia; and for other purposes.
WHEREAS, the General Assembly is concerned with protecting the health of the citizens of Georgia; and
WHEREAS, unintentional injuries resulting from motor vehicle collisions, bicycle and pedestrian mishaps, falls, fires, and other causes result in 2,800 deaths every year in Georgia; and

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WHEREAS, unintentional injuries are the most common cause of death among children and young adults (ages 134) in Georgia; and

WHEREAS, unintentional injury death rates in most Georgia counties are higher than in the United States as a whole; and

WHEREAS, unintentional injuries are a leading cause of hospitalization and permanent disability; and

WHEREAS, the costs of unintentional injuries include not only medical care but costs of rehabilitation and loss of wages; and

WHEREAS, unintentional injuries can be prevented via education of the public, implementation of specific injury prevention programs, and implementation of laws and regulations; and

WHEREAS, programs exist which have been proven effective in preventing unintentional injuries; and

WHEREAS, skilled on-site treatment, rapid transport, and the availability of specialized trauma treatment centers can reduce death and permanent disability from all types of injuries; and

WHEREAS, effective public health surveillance programs can guide the type and placement of unintentional injury prevention programs, emergency transport, and trauma treatment centers.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia to be composed of three members of the Senate to be appointed by the President of the Senate; three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; the Director of the Governor's Office of Highway Safety or such person's designee; the Director of the Division of Public Health of the Department of Human Resources or such person's designee; the President of the Georgia Hospital Association or such person's designee; a representative of the Medical Association of Georgia and Georgia State Medical Association or that person's designee; the Executive Director of Safe Kids of Georgia or such person's designee; the Director of Children's Trust Fund or such person's designee; and the Director of the Injury Control Center of the Rollins School of Public Health or such person's designee to be appointed by the Governor with such person's consent. The Governor shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems associated with the prevention of unintentional injuries, emergency transport, and emergency treatment of injured persons. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 2000. The committee shall stand abolished on December 15, 2000.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution 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
Bowen

Y Harbison Y Hecht Y Hill

N Price,R Y Price,T Y Ragan

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Y Broun Y Brown N Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen N Perdue Y Polak

N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 45, nays 7.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

Senator Price of the 56th introduced the doctor of the day, Dr. Burton McDaniel.

The Calendar was resumed.

SB 468. By Senators Johnson of the 1st and Thomas of the 2nd:

A bill to be entitled an Act to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and the inspection of solid waste generators, so as to provide that a vertical expansion shall be permitted under certain circumstances when the owner of a facility has a modification plan involving the removal of waste to a conforming facility; to provide for a corrective plan in the event of nonconformance; to provide for a closure plan; to repeal conflicting laws; and for other purposes.

The Senate Natural Resources Committee offered the following substitute to SB 468:

A BILL

To be entitled an Act to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and the inspection of solid waste generators, so as to provide that a vertical expansion shall be permitted under certain circumstances when the owner of a facility has a remedial modification plan involving the removal of waste to a conforming facility; to provide for a corrective plan in the event of nonconformance; to provide for a closure plan; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and the inspection of solid waste generators, is amended by striking in its entirety paragraph (4) of subsection (e) and inserting in lieu thereof the following:

"(4) No vertical expansions shall be approved under this subsection unless:

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(A) The owner or operator demonstrates compliance with all standards not varied by the director;
(B) The owner or operator has installed a surface and ground-water monitoring system approved by the division under currently promulgated rules and has submitted the initial sampling results to the division;
(C) The owner or operator has implemented or installed a methane gas monitoring program or system approved by the division under currently promulgated rules and has submitted the initial sampling results to the division;
(D) The owner or operator has a closure and postclosure care plan approved by the division under currently promulgated rules; and
(E) Where noncompliance with the standards for surface water, ground water, or methane gas has been determined, the owner or operator has a schedule and corrective action plan approved by the division for returning the site to compliance within six months of the director's approval of the corrective action plan. If the owner or operator cannot demonstrate that the site can be returned to compliance within said six-month period, the director shall not issue a permit to expand the site vertically but shall order the facility to prepare a final closure plan, including the cessation of waste receipt within six months of the final effective date of the order; and
(F) Where noncompliance with the standards for surface water, ground water, or methane gas may be determined and the permit has not been transferred to another person, the owner or operator has a remedial modification plan providing for the evacuation of all previously disposed waste from a permitted, unlined expansion site and redisposal of such waste into a conforming facility with a composite liner and leachate collection system. If noncompliance is determined, the director shall order the owner or operator to prepare a corrective action plan, which must be approved by the division, and such corrective action must be completed within the compliance time frame determined by the division. If the owner or operator cannot demonstrate that the site can be returned to compliance within such division compliance time frame, the director shall order the facility to prepare a final closure plan, including the cessation of waste receipt within 12 months of the final effective date of the order."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

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 Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R

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Y Gillis Y Gingrey Y Golden Y Guhl

Y Meyer v Bremen Y Perdue Y Polak

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. SB 474. By Senators Jackson of the 50th, Thompson of the 33rd, Butler of the 55th and others:

A bill to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to procedures for sentencing and imposition of punishment, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended misdemeanor cases, except as provided in this Act; to amend Article 2 of Chapter 8 of Title 42 of the O.C.G.A., relating to the state-wide probation system, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended sentences in misdemeanor cases, except as provided in this Act; to repeal conflicting laws; and for other purposes.

The Senate Corrections, Correctional Institutions and Property Committee offered the following substitute to SB 474:
A BILL
To be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended misdemeanor cases, except as provided in this Act; to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the statewide probation system, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended sentences in misdemeanor cases, except as provided in this Act; to amend Article 5 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to pretrial release and diversion programs, so as to provide that the Department of Corrections shall not have jurisdiction in pretrial and diversion programs for misdemeanor defendants; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety Code Section 17-10-3, relating to probation supervision of misdemeanor sentences, and inserting in lieu thereof the following:
"17-10-3.
(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows:
(1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;
(2) By confinement under the jurisdiction of the Board of Corrections in a state or county correctional institution or such other institution as the Department of Corrections may direct probation detention center or diversion center pursuant to Code Sections 42-8-35.4 and 42-8-35.5, for a determinate term of months which shall be more than six months but shall not exceed a total term of 12 months; or

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(3) If the crime was committed by an inmate within the confines of a state correctional institution, by confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months.
(b) Either the punishment provided in paragraph (1) or (2) of subsection (a) of this Code section, but not both, may be imposed in the discretion of the sentencing judge. Misdemeanor punishment imposed under either paragraph may be subject to suspension or probation, but the punishment provided in paragraph (2) of subsection (a) of this Code section shall not be subject to suspension or probation wholly or partially upon payment of a fine either directly or indirectly. The sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under paragraph (1) of subsection (a) of this Code section at any time, but in no instance shall any sentence under the paragraph be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections, except as provided in paragraph (2) of subsection (a) of this Code section.
(c)-Any person adjudicated guilty of a misdemeanor for the first time, who was on the date that the misdemeanor was committed between the ages of 16 and 18 years old, shall be punished by a fine not to exceed $1,000.00 or confined exclusively under the jurisdiction of the Board of Corrections for a period not to exceed 12 months.
(d)(c) In all misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to 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; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.
(e)(d) In addition to or instead of any other penalty provided for the punishment of a misdemeanor involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may impose any one or more of the following sentences:
(1) Reexamination by the Department of Public Safety when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed;
(2) Attendance at, and satisfactory completion of, a driver improvement course meeting standards approved by the court;
(3) Within the limits of the authority of the charter powers of a municipality or the punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment upon such conditions and at such times as may be specified; or
(4) Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. The conditions may include driving with no further motor vehicle violations during a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or a specified agency; and performing, or refraining from performing, such acts as may be ordered by the judge.
(f)(e) Any sentence imposed under subsection (e) (d) of this Code section shall be reported to the Department of Public Safety as prescribed by law.
(g)(f) Supervision of a defendant by the Department of Corrections may be imposed in probated or suspended misdemeanor sentences only for the misdemeanor offenses set forth in Title 16, Code Sections 40-6-391, 40-6-393, 40-6-393.1, 40-6-394, or subsection (c) of Code Section 40-6-395, and for all misdemeanor offenses of a high and aggravated nature The Department of Corrections shall lack jurisdiction to supervise misdemeanor offenders. Except as provided in this subsection or in Article 6 of Chapter 8 of Title 42, the Department of Corrections shall lack jurisdiction to supervise confine misdemeanor offenders.

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(g) This Code section will have no effect upon any offender convicted of a misdemeanor offense prior July 1, 2000, and sentenced to confinement under the jurisdiction of the Board of Corrections or to the supervision of the Department of Corrections."
SECTION 2.
Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, is amended by striking in their entirety Code Sections 42-8-22, relating to the creation of the state-wide probation system, and 42-8-23, relating to the administration of supervision of probations by the Department of Corrections, and inserting in lieu thereof the following:
"42-8-22.
There is created a state-wide probation system for felony offenders to be administered by the Department of Corrections. The probation system shall not be administered as part of the duties and activities of the State Board of Pardons and Paroles. Separate files and records shall be kept with relation to the system.
42-8-23.
The department shall administer the supervision of felony probationers. Nothing in this Code section shall alter the relationship between judges and probation supervisors prescribed in this article."
SECTION 3.
Article 5 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to pretrial release and diversion programs, is amended by striking Code Section 42-8-80, relating to establishment and operation of such programs, and inserting in lieu thereof the following:
"42-8-80.
The Department of Corrections shall be authorized to establish and operate pretrial release and diversion programs as rehabilitative measures for persons charged with misdemeanors and felonies for which bond is permissible under the law in the courts of this state prior to conviction; provided, however, that no such program shall be established in a county without the unanimous approval of the superior court judges, the district attorney, the solicitor-general where applicable, and the sheriff of such county. The Board of Corrections shall promulgate rules and regulations governing any pretrial release and diversion programs established and operated by the department and shall grant authorization for the establishment of such programs based on the availability of sufficient staff and resources."
SECTION 4.
Said article is further amended by striking in its entirety Code Section 42-8-81, relating to release of persons charged to diversion programs, and inserting in lieu thereof the following:
"42-8-81.
The court in which a person is charged with a misdemeanor or felony for which bond is permissible under the law may, upon the application by the person so charged, at its discretion release the person prior to conviction and upon recognizance to the supervision of a pretrial release or diversion program established and operated by the Department of Corrections after an investigation and upon recommendation of the staff of the pretrial release or diversion program. In no case, however, shall any person be so released unless after consultation with his or her attorney or an attorney made available to the person if he or she is indigent that person has voluntarily agreed to participate in the pretrial release or diversion program and knowingly and intelligently has waived his or her right to a speedy trial for the period of pretrial release or diversion."
SECTION 5.

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This Act shall become effective on July 1, 2000.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
Senator Jackson of the 50th offered the following amendment:
Amend the Senate Corrections, Correctional Institutions, and Property Committee substitute to SB 474 by inserting on line 12 on page 1 immediately after the word and symbol "Act;" the following:
"to change provisions relating to probation fees;".
By inserting on line 25 on page 4 immediately after the word and symbol "Corrections," the following:
"and subsection (d) of Code Section 42-8-34, relating to hearings and determinations of probation and probation fees,".
By inserting between lines 38 and 39 on page 4 the following:
"'(d)(1) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department, in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $23.00 per each month under supervision, and in addition, a one-time fee of $25.00 to be imposed where such defendant was convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2, or $50.00 where such defendant was convicted of any felony. The probation fee may be waived or amended after administrative process by the department and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a departmental or other confinement facility which prohibits employment for wages. All probation fees collected by the department shall be paid into the general fund of the state treasury, except as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund.
(2) In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, or state court, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same to the general fund of the state treasury not later than the tenth day of the month after such fee is collected and shall be subject to rule and attachment in the same manner as clerks of superior court for failure to so collect and remit.'"
On the adoption of the amendment, the yeas were 35, nays 0, and the Jackson of the 50th amendment (#1) to the committee substitute was adopted.
Senator Jackson of the 50th offered the following amendment:
Amend the Senate Corrections, Correctional Institutions, and Property Committee substitute to SB 474 by inserting on line 8 on page 4 immediately after the word "offenders" the following:
", except when the sentence is made concurrent to a probated felony sentence".
On the adoption of the amendment, the yeas were 34, nays 0, and the Jackson of the 50th amendment (#2) to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 43, nays 0, and the committee substitute was adopted as amended.

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937

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:

Balfour Y Blitch Y Bowen Y Broun Y Brown
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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 999. By Representatives Cummings of the 27th, Shanahan of the 10th and Coleman of the 80th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to provide that certain persons may not become members of the Teachers Retirement System of Georgia in a certain manner on or after a certain date; to define certain terms; to provide that certain public school employees may elect to become members of such retirement system; and for other purposes.
Senate Sponsor: Senator Gingrey of the 37th.

The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
July 13, 1999

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Suite 402 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 999 (Substitute) (LC 21 5608S)

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Dear Chairman Cummings:
This bill would allow provide that any person who was a vested member of the Teachers Retirement System of Georgia who became employed in a position covered by the Employees' Retirement System of Georgia shall have a certain time to elect to remain a member of the Teachers Retirement System of Georgia. The bill also provides that any person who was a vested member of the Employees' Retirement System of Georgia who became employed in a position covered by the Teachers Retirement System of Georgia shall have a certain time to elect to remain a member of the Employees' Retirement System of Georgia. Any person eligible to make the election must do so in writing to the board of trustees of the appropriate retirement system no later than September 30, 2000 or within 60 days of becoming a member of the retirement system. Once made, the election is irrevocable.
This is to certify that this retirement bill is a fiscal bill as defined in the Public Retirement Systems Standards Law.
Sincerely, /s/ Russell W. Hinton State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 29, 1999

Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT:

Actuarial Investigation House Bill 999 (LC 21 5608S) Employees' Retirement System Teachers Retirement System

Dear Chairman Cummings:

This bill would extend the deadlines for making certain elections under the Employees' Retirement System and the Teachers Retirement System. Currently, vested members of the Teachers Retirement System who become employed in a position covered by the Employees' Retirement System between January 1, 1997 and June 30, 1998 may elect to remain in the Employees' Retirement System, provided such election is made by September 30, 1998 or within 60 days after the change in employment. Furthermore, vested members of the Employees' Retirement System who became employed in a position covered by the Teachers Retirement System between January 1, 1997 and June 30, 1998 may elect to remain in the Employees' Retirement System, provided such election is made by September 30, 1998 or within 60 days of the change in employment. If this legislation is enacted, the deadline for making such elections would be extended to September 30, 2000 or within 60 days of the change in employment.

The cost of this legislation to the Employees' Retirement System would be negligible, amounting to less than $1,000 in the first year in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This legislation would not result in any increase in the employer contribution rate or the unfunded actuarial accrued liability. The results of this investigation are based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs resulting from this bill would be paid through state appropriations.

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The cost of this legislation to the Teachers Retirement System would be negligible, amounting to less than $1,000 in the first year in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This legislation would not result in any increase in the employer contribution rate or the unfunded actuarial accrued liability. The results of this investigation are based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Approximately 63% of any costs resulting from this bill would be paid through state appropriations. The remaining 37% would be paid through federal, local, and other fund sources.

The following is a summary of the relevant findings of the actuarial investigations for this bill pursuant to a request by the House Retirement Committee. The investigations were to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

Employees' Retirement System

(1)

The amount of the unfunded actuarial accrued liability which will

result from the bill.

(2)

The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

(3)

The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

(4)

The amount of the annual normal cost which will result from the bill.

(5)

The employer contribution rate currently in effect.

(6)

The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(7)

The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$0
$0
N/A Less than $ 1,000 14.50% 14.50%
$0

Teachers Retirement System

(1)

The amount of the unfunded actuarial accrued liability which will

result from the bill.

(2)

The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

(3)

The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

(4)

The amount of the annual normal cost which will result from the bill.

(5)

The employer contribution rate currently in effect.

(6)

The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(7)

The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$0 $0
N/A Less than $ 1,000 11.29% 11.29%
$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

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Sincerely, /s/ Russell W. Hinton State Auditor
Senator Price of the 56th offered the following amendment:
Amend HB 999 by inserting on line 2 of page 1, following the words "so as", the following:
"to change the membership of the board of trustees of such retirement system;".
By inserting at the end of line 18 of page 1 the following:
"entirety Code Section 47-2-21, relating to the power and duty of board of trustees to administer and operate the retirement system, membership of board, and related matters, and inserting in lieu thereof the following:
'47-2-21.
(a) The administration and responsibility for the proper operation of the retirement system and for effectuating this chapter are vested in the board of trustees, which shall be organized immediately after a majority of the trustees have qualified and taken the oath of office. No voting member of the board shall be a member of the retirement system or shall in any manner be eligible to receive a benefit from the retirement system under any circumstances.
(b) The board of trustees shall consist of seven eight trustees as follows:
(1) The state auditor, ex officio, who shall have no vote;
(2) The director of the Office of Treasury and Fiscal Services, ex officio, who shall have no vote;
(3) The commissioner of personnel administration, ex officio, who shall have no vote;
(4) One member appointed by the Governor for a term of four years, provided that the first such term was from date of appointment to June 30, 1951;
(5) Two trustees elected by the trustees set forth in paragraphs (1) through (4) of this subsection for a term of four years, provided that in their first terms one served for a term from the date of election to June 30, 1950, and the other for a term from the date of election to June 30, 1952; provided, further, that each of these two members shall have had at least five years of creditable service with an agency included in this retirement system; and One member appointed by the President of the Senate;
(6) The seventh trustee shall be a citizen of this state but not a member of the retirement system nor shall he hold or be a candidate for public office during his term of office as a trustee. He shall have had at least ten years of experience in the investment of moneys and shall be elected by the remaining trustees for a term of four years, provided that his first term was from the date of election to June 30, 1953. One member appointed by the Senate Minority Leader;
(7) One member appointed by the Speaker of the House of Representatives; and
(8) One member appointed by the House Minority Leader.
The terms of the appointed members of the board shall be four years; provided, however, that the initial terms of the members appointed by the Senate and House Minority Leaders shall be two years. The initial appointments shall be effective on July 1, 2000. The terms of the appointed members of the board serving on June 30, 2000, shall terminate on that date.

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(c) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term in the same manner as the original appointment or election.

(d) The trustees may receive the daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees and any committee meetings called pursuant to authorization of the board of trustees and for time spent in necessary travel. In addition to such amount, the trustees shall be reimbursed for all actual travel and other expenses necessarily incurred through service on the board of trustees. State officials serving ex officio shall not receive the daily expense allowance but shall be entitled to reimbursement of actual expenses.

(e) Each trustee shall, within ten days after his or her appointment or election, take an oath of office that he or she will diligently and honestly administer the affairs of the board of trustees which have been entrusted to him or her and that he or she will not knowingly violate or willingly permit to be violated any law applicable to the retirement system. The oath shall be subscribed to by the trustee, certified by the officer before whom it is taken, and filed immediately in the office of the Secretary of State.

(f) Five Three voting trustees at any meeting of the board of trustees shall constitute a quorum to transact business. Each trustee except the ex officio trustees shall be entitled to one vote and four three votes shall be necessary for a decision by the board of trustees.'

SECTION 2.

Said title is further amended by striking in its". By redesignating Sections 2, 3, and 4 as Sections 3, 4, and 5, respectively.

Senator Starr of the 44th asked for a ruling from the Chair as to the germaneness of the Price of the 56th amendment. The President ruled the amendment germane.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean
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 Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer v Bremen Y Perdue N Polak

Y Price,R Y Price,T Y Ragan Y Ray N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 21, nays 33, and the Price of the 56th amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Balfour Y Blitch Y Bowen Y Broun Y Brown
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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

March 1, 2000

The Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

Dear Mr. Eldridge:

Please let the record reflect that my vote on the amendment to House Bill 999 should be a "no" vote. It was my intention to vote against the amendment; my machine malfunctioned and showed a "yes" vote.

Thank you for your assistance in this matter.

Sincerely, /s/ Harold J. Ragan

HB 1148. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:
A bill to be entitled an Act to amend Code Section 47-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Defined Contribution Plan, so as to provide that members of state boards and commissions shall not be deemed employees; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Stephens of the 51st.

Wednesday, March 1, 2000

943

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S. W., Suite 214 Atlanta, Georgia 30334-8400
December 29, 1999
The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Suite 402 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 1148 (LC 21 5680)
Dear Chairman Cummings:
This bill would change the definition of the term "employee" as it relates to the Georgia Defined Contribution Plan. The effect of this change would be that members of state boards and commissions would not be required to be members of the Georgia Defined Contribution Plan.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.

Sincerely, /s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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.

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The following communication was received by the Secretary:
March 1, 2000
Dear Secretary of the Senate:
I support House Bill 1148.
/s/ Susan Cable
At 12:25 the President announced that the Senate would stand in recess until 2:00 p.m.
At 2:07 p.m., the President called the Senate to order.
Senator Land of the 16th moved that Senator Crotts of the 17th be excused. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Crotts was excused.
Senator Lee of the 29th moved that Senator Marable of the 52nd be excused. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Marable was excused.
Senator Meyer von Bremen of the 12th moved that Senator Ragan of the 11th be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Ragan was excused.
The Calendar was resumed.
SR 519. By Senators Tate of the 38th, Streat of the 19th, Cheeks of the 23rd and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty; to provide that funds may be appropriated and insurance purchased for such purpose; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III, Section VI, Paragraph VI of the Constitution is amended by adding a new subparagraph (g) to read as follows:
"(g) The General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the General Assembly may provide by law a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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 Y Brown Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks E Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden E Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T E Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 988. By Representatives Cummings of the 27th and Shanahan of the 10th:

A bill to amend Code Section 47-2-245 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for secretaries of appellate court judges, so as to provide creditable service for prior service as secretaries of superior court judges; and for other purposes.

Senate Sponsor: Senator Smith of the 25th.

The following Fiscal Note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400

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JOURNAL OF THE SENATE

December 6, 1999

Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT:

Actuarial Investigation House Bill 988 (LC 21 5619S) Employees' Retirement System All County Retirement Systems

Dear Chairman Cummings:

This bill would amend provisions relating to creditable service for certain members of the Employees' Retirement System. Specifically, this bill would allow officers and employees of the Supreme Court and the Court of Appeals to obtain creditable service for all prior service as an officer or employee of a state court judge or a superior court judge while covered by a county retirement system. To obtain such creditable service, the member must apply to the board of trustees no later than December 31, 2000. Once notified, the local retirement system is required to transfer all required contributions to the Employees' Retirement System. This bill would also allow secretaries employed by judges of the superior courts and district attorneys to obtain creditable service for prior service as a secretary to a state court judge while covered by a county retirement system. Once notified, the local retirement system shall transfer the required contributions to the Employees' Retirement System. The amount of creditable service granted will be based on the amount funded by the contributions.

This bill would not result in any additional cost to the Employees' Retirement System. As written, this bill would require the respective local retirement systems to fund the entire cost of the creditable service that would be granted to affected members of the Employees' Retirement System. This bill would not result in any increase in the employer contribution rate or the unfunded actuarial accrued liability. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs associated with this bill would be paid through state appropriations.

According to information obtained from actuaries for county retirement systems, there are currently five local retirement systems that could possibly be affected by this bill. These five systems are as follows: Athens-Clarke County Employees' Pension Plan, Augusta-Richmond County Defined Benefit Plan, Chatham County Employees' Retirement Plan, City of Columbus Consolidated Government Pension Plans, and the Member Counties of the ACCG Master Defined Benefit Plan. Based on information obtained from the actuaries, this bill would not result in any additional cost to these systems. As written, the local retirement systems would only be required to transfer employer contributions made on behalf of the affected individual to the ERS, along with accumulated interest. This legislation would not affect the employer contribution rates or the unfunded actuarial accrued liability for any of the affected retirement systems.

The following is a summary of the relevant findings of the actuarial investigations for this bill pursuant to a request by the House Retirement Committee. The investigations were to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

Employees' Retirement System

(1)

The amount of the unfunded actuarial accrued liability which will

$0

result from the bill.

(2)

The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

$0

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947

(3)

The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

(4)

The amount of the annual normal cost which will result from the bill.

(5) The employer contribution rate currently in effect.

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

N/A $0
14.50% 14.50%
$0

Athens-Clarke County Employees' Pension Plan
(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity with
minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$0
$0 N/A
$0 7.39% 7.39%
$0

Augusta-Richmond County Defined Benefit Plan

(1)

The amount of the unfunded actuarial accrued liability which will

result from the bill.

(2)

The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

(3)

The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

(4)

The amount of the annual normal cost which will result from the bill.

(5)

The employer contribution rate currently in effect.

(6)

The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(7)

The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$0
$0 N/A
$0 7.7% 7.7%
$0

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Chatham County Employees' Retirement Plan
(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity with
minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$0
$0 N/A
$0 6.93% 6.93%
$0

City of Columbus Consolidated Government Pension Plans

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

(4) The amount of the annual normal cost which will result from the bill.

(5) The employer contribution rate currently in effect.

(6)

The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(7)

The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$0
$0 N/A
$0 8.18% 8.18%
$0

Member Counties of the ACCG Master Defined Benefit Plan

(1)

The amount of the unfunded actuarial accrued liability which will

result from the bill.

(2)

The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

(3)

The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

$0 $0
N/A

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949

(4)

The amount of the annual normal cost which will result from the bill.

(5)

The employer contribution rate currently in effect.

(6)

The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$0 8.7% 8.7%
$0

In addition to the local retirement systems addressed in the previous tables, there are 19 other counties that provide defined benefit plans to its employees. In accordance with O.C.G.A. 47-20-36, the State Auditor requested that actuarial investigations be completed for the following county retirement systems:

Baldwin County Bibb County Burke County Clayton County Cobb County Coweta County DeKalb County

Dougherty County Emanuel County Evans County Fulton County Glynn County Habersham County

Liberty County Peach County Polk County Upson County Walker County Warren County

Information received from the respective actuaries indicated that these local retirement systems would not be affected by House Bill 988. Therefore, none of the county retirement systems listed above would incur additional costs as a result of this bill.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely, /s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks E Crotts Y Dean Y Egan Y Fort Y Gillis

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden E Marable Y Meyer v Bremen

Y Price,R Y Price,T E Ragan Y Ray
Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson

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Y Gingrey Y Golden Y Guhl

Perdue Y Polak

Walker Y Williams

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Harbison of the 15th moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Stokes was excused.

The Calendar was resumed.

SB 438. By Senators Brown of the 26th, Madden of the 47th and Golden of the 8th:

A bill to be entitled an Act to amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, so as to change certain provisions relating to requirements for license for transaction of business, fees, change of address, and examination of applicants; to change certain provisions relating to maintenance of records of transactions by licensees and examination of records by the Commissioner of Insurance; to change certain provisions relating to form, contents, execution, and delivery of premium finance agreements; to change certain provisions relating to service charges; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks E 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,E
Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden E Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T E Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens E Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson Walker Y Williams

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed. HB 1158. By Representatives Jenkins of the 110th, Stuckey of the 67th, Murphy of the 18th and others:

A bill to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for appointment as senior judges certain judges of probate courts; to provide

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951

that any judge of a probate court may serve as an assisting judge in any other probate court upon the request of the judge of the requesting court; to provide for the payment of expenses; to provide for the office of senior judge of the probate courts; to provide for eligibility for such office; to provide for a request for assistance; to provide for compensation and payment of expenses; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Jackson of the 50th.
The Senate Committee on Judiciary offered the following substitute to HB 1158:
A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to authorize the participation of the state in the Consortium for State Court Interpreter Certification and other multistate agreements and cooperative programs for the training, testing, and certification of interpreters; to provide for appointment as senior judges certain judges of probate courts; to provide that any judge of a probate court may serve as an assisting judge in any other probate court upon the request of the judge of the requesting court; to provide for the payment of expenses; to provide for the office of senior judge of the probate courts; to provide for eligibility for such office; to provide for a request for assistance; to provide for compensation and payment of expenses; to provide for matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by inserting at the end of subsection (a) of Code Section 15-1-9.3, relating to senior judges of the state court or juvenile court, the following:
"(4) In this paragraph, 'probate court' has the same meaning as set out in paragraph (2) of Code Section 15-9-120. Any judge of the probate court who ceases holding office as a judge of the probate court after serving as such for at least ten years and who has not been appointed to the office of senior judge under any other law of this state may be appointed as a senior judge as provided in this Code section."
SECTION 2.
Said title is further amended by adding immediately following Code Section 15-1-13, relating to prior removal from judicial office as affecting qualification for judicial office, a new Code Section 15-1-14 to read as follows:
"15-1-14.
The Supreme Court may enter into and participate in the Consortium for State Court Interpreter Certification established August 2, 1997, as amended August 1, 1998, and in other similar multi-state agreements and cooperative programs for the training, testing, and certification of interpreters. Such consortia, multi-state agreements, and cooperative programs may:
(1) Utilize the auspices and services of the National Center for State Courts;
(2) Provide for the common development, sharing, and distribution of tests, standards, educational materials, and programs and related work, and further provide for the copyright and other protection of intellectual property;
(3) Charge fees for membership and other services and retain funds;
(4) Provide for governance and management; and
(5) Perform such other services and functions as may be reasonably related to such purposes and functions."

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JOURNAL OF THE SENATE

SECTION 3.
Said title is further amended by inserting at the end of Chapter 9, relating to the probate courts, the following:
"ARTICLE 7
15-9-140.
Except as otherwise provided by law, any judge of a probate court is authorized to serve as a judge of any other probate court in which such judge would otherwise be qualified to serve, but only upon the written request of the judge of such other probate court. When serving in a probate court other than his or her own court, the judge shall exercise the same jurisdiction, power, and authority as the regular judge of the court. Judges rendering assistance in accordance with this Code section shall be entitled to receive actual expenses or, at such judge's option, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as state employees for such services but shall not be entitled to any further compensation for such services. The governing authority responsible for funding the operation of the requesting court shall bear the expenses of the assisting judge.
15-9-141.
(a)(1) Any judge of a probate court who retires pursuant to the provisions of Chapter 11 of Title 47 may be appointed a senior judge of the probate courts.
(2) Any judge of a probate court whether or not said judge is a member of the retirement fund created by Chapter 11 of Title 47, who ceases holding office as a judge and who has at least eight years of service as a judge of a probate court at the time of ceasing to hold such office and who is not eligible for appointment to the office of senior judge under any other law of this state may be appointed as a senior judge of the probate courts.
(b) Upon becoming eligible for appointment pursuant to the provisions of this Code section, a judge who ceases to hold office may become a senior judge of the probate courts and in that capacity may be called upon to serve as a judge in any probate court in which the judge is otherwise qualified to serve.
(c) Any qualified former judge of a probate court may petition the Governor for appointment as senior judge. The Governor shall appoint each qualified applicant as a senior judge of the probate courts.
(d) The judge of any probate court of this state may make a written request for assistance to a senior judge of the probate courts. The request by the judge may be made if one of the following circumstances arise:
(1) The judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; or
(2) The judge of the requesting court is unable to preside because of disability, illness, absence, or any reason.
(e) The compensation of a senior judge of the probate courts serving as a judge of a probate court under this Code section shall be that which is normally paid to a substitute judge of the court in which the senior judge is serving, and such compensation shall be paid from any funds available for the operation of such court. In addition to such compensation, a senior judge of the probate courts shall receive actual expenses or, at such judge's option, in the event of service outside the county of such judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as state employees for such services. Such expenses and mileage shall be paid from the same source of funds which pays the compensation of a senior judge of the probate courts as provided in this subsection upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation and expenses shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge."
SECTION 4.

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953

(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2000.

(b) Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks E 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden E Marable Y Meyer v Bremen
Perdue Y Polak

Y Price,R Y Price,T E Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens E Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y 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 by substitute.

HB 613. By Representatives Jenkins of the 110th, Porter of the 143rd and Holland of the 157th:

A bill 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 provide that under certain conditions the Georgia Crime Information Center is authorized to disseminate electronically criminal history records of instate felony convictions, pleas, and sentences to private persons, businesses, public agencies, and political subdivisions upon request without fingerprint comparison or consent of the person who records are requested; and for other purposes.

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:

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JOURNAL OF THE SENATE

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks E Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden E Marable Y Meyer v Bremen Y Perdue Y Polak

Price,R Y Price,T E Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens E Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 654. By Representative Greene of the 158th:

A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide for creditable service for certain employees of district attorneys for certain prior service; and for other purposes.

Senate Sponsor: Senator Tate of the 38th.

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400

October 29, 1999

Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 654 (LC 21 5309) Employees' Retirement System
Dear Chairman Cummings:
This bill would provide for creditable service to members of the Employees' Retirement System who are district attorney investigators. Specifically, such members would be eligible to obtain creditable service for all prior service as a district attorney investigator which occurred prior to membership in the Employees' Retirement System. In

Wednesday, March 1, 2000

955

order to obtain such creditable service, the member must pay to the board of trustees the required employee and employer contributions, with interest. Applications for creditable service must be submitted to the board of trustees by December 31, 2000, or within six months after becoming a member, whichever date is later.
This legislation would not result in any additional cost to the state. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability as a result of this legislation. This cost estimate is based on data regarding the ten members of the Employees' Retirement System who are currently affected by this bill. The results of this investigation are also based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs would be paid through state appropriations.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.

$0
$0
N/A $0
14.50%

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

14.50% $0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely, /s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp

Y Price,R Y Price,T E Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens E Stokes

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Y Cagle Y Cheeks E Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Ladd Y Lamutt Y Land Y Lee Y Madden E Marable Y Meyer v Bremen Y Perdue Y Polak

Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 621. By Representative Floyd of the 138th:

A resolution designating the Toombs Taylor Morgan Memorial Bridge; and for other purposes. Senate Sponsor: Senator Bowen of the 13th.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks E Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land
Lee Y Madden E Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T E Ragan Y Ray Y Scott
Smith Y Starr Y Stephens E Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted. HR 754. By Representatives McCall of the 90th, Jackson of the 112th and Bailey of the 93rd:

A resolution designating a portion of State Highway 43 as the Pierce Jackson Ferguson Memorial Highway; and for other purposes.

Senate Sponsor: Senator Brush of the 24th.

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957

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks E Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Harbison Hecht
Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden E Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T E Ragan Y Ray Y Scott
Smith Y Starr
Stephens E Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Walker of the 22nd moved that the Senate stand in recess until 6:00 p.m., then pursuant to HR 1169, adjourn until 10:00 a.m., Friday, March 3, 2000; the motion prevailed.

The President announced the Senate adjourned at 6:00 p.m.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, March 3, 2000
Thirtieth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1585.

By Representatives Shipp of the 38th, Golick of the 30th, Parsons of the 40th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city.

HB 1614.

By Representatives Sauder of the 29th, Manning of the 32nd, Parsons of the 40th and others:
A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court.

HB 567.

By Representatives Skipper of the 137th, Buck of the 135th, Jamieson of the 22nd 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 exemption with respect to sales to housing authorities; to provide for an exemption for certain sales to or by nonprofit organizations having as their primary purpose the raising of funds for books, materials, and programs for public libraries; to provide for an exemption with respect to the sale or use of wheelchairs and certain related equipment.

HB 939.

By Representative Royal of the 164th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of procedures regarding the establishment of millage rates and the levy of ad valorem property taxes.

HB 1256.

By Representatives Stallings of the 100th and West of the 101st:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change provisions relating to the ability of visually or physically disabled persons and deaf persons to use guide or service dogs; to expand places where guide or service dogs and guide or service dogs in training are permitted; to enhance penalties for denial of access.

Friday, March 3, 2000

959

HB 801.

By Representatives Scheid of the 17th, Stancil of the 16th and Pinholster of the 15th:
A bill to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to the income tax credits for certain low-emission vehicles, so as to increase the amount of such credits; to increase the carry forward periods of such credits; to provide for an additional credit with respect to certain electric vehicle chargers.

HB 1285.

By Representatives Irvin of the 45th, Ehrhart of the 36th, Graves of the 125th and others:
A bill to amend Chapter 24 of Title 45 of the Official Code of Georgia Annotated, the "Governmental Reorganization and Termination from Employment Reform Act of 1997," so as to provide for the appointment of a taxpayers' pension advocate; to provide that such advocate's duties shall be to raise all possible factual and legal objections to the separation of the employee and the granting of involuntary separation benefits to such person.

HB 1583.

By Representatives Kaye of the 37th, Buck of the 135th, 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 sales and use tax, so as to provide for an exemption from state sales and use tax with respect to the sale of blood measuring devices, other monitoring equipment, or insulin delivery systems used exclusively by diabetics.

HB 1582.

By Representatives Scarlett of the 174th and Buck of the 135th:
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 exemption with respect to sales of dyed diesel fuel exclusively for use by licensed commercial fishermen.

HB 1210.

By Representatives Poag of the 6th and Jenkins of the 110th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from sales and use taxes for certain sales of coins or currency, and for certain sales of gold, silver, or platinum bullion.

HB 1363.

By Representatives Randall of the 127th, Buckner of the 95th, McKinney of the 51st and others:
A bill to amend Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, so as to increase the membership of the State Records Committee by adding a representative of a governing body as a member of the State Records Committee.

HB 1183.

By Representatives Rogers of the 20th, Murphy of the 18th, Walker of the 141st and others:
A bill to amend Part 1 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding equipment of motor vehicles, so as to prohibit the operation on public roads of certain motor vehicles which supply or are specially equipped to supply the motor vehicles' combustion engines with nitrous oxide fuel additives.

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HB 1265.

By Representatives Smith of the 12th, Sims of the 167th and Royal of the 164th:

A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for the signature and written declaration of persons making returns of taxable property; to provide for prima-facie evidence with respect to such returns.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 526. By Senators Golden of the 8th and Stephens of the 51st:

A bill to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Consumer Choice Negotiated Health Insurance Plan Act"; to provide that Georgia Consumer Choice Negotiated Health Insurance Plan policies or contracts may contain such benefits, coverages, and reimbursements as may be agreed upon between the group or individual policyholder and an insurer; to provide a short title; to provide for legislative intent; to define certain terms; to provide exceptions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance and Labor.

SB 527. By Senator Burton of the 5th:

A bill to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, so as to change provisions relating to when absentee ballots may be opened in certain counties using certain voting systems; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations (General).

SB 528. By Senators Butler of the 55th, Huggins of the 53rd, Streat of the 19th, Walker of the 22nd and others:

A bill to be entitled an Act to amend Code Section 20-4-11 of the O.C.G.A., relating to the powers of the State Board of Technical and Adult Education, so as to provide that the board is authorized to provide courses of instruction in driver training; to amend Code Section 40-5-22 of the O.C.G.A., relating to persons not to be issued a driver's license, so as to change certain provisions relating to persons not to be licensed; to amend Code Section 43-13-10 of the O.C.G.A., relating to exceptions to the operation of Chapter 13 of Title 43, "The Driver Training School License Act," so as to provide for the application of Chapter 13 of Title 43 to schools operated by the State Board of Technical and Adult Education; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 529. By Senators Thompson of the 33rd and Gingrey of the 37th:

A bill to be entitled an Act to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4390), and an Act approved February 17, 1993 (Ga. L. 1993, p. 3803), so as to authorize the board of education of the independent school system of the City of Marietta to create bonded indebtedness and provide for the procedures and conditions relating thereto and the expenditure of bond proceeds and levy and accounting of taxes therefor; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

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SB 530. By Senator Thompson of the 33rd:
A bill to be entitled an Act to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 33 and 37; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Reapportionment.
SB 531. By Senator Fort of the 39th:
A bill to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the Georgia Board of Power Engineers; to define certain terms; to provide for the appointment of members of the board; to provide for members' terms, qualifications, compensation, and removal; to provide for meetings and quorums; to provide for the powers and duties of the board; to provide for the classification of all plants and equipment; to provide for examinations and the issuance of licenses to qualified applicants for such licenses; to provide for fees; to provide for provisional licenses; to provide for the denial, suspension, and revocation of licenses; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense, Science and Technology.
SB 532. By Senators Hecht of the 34th and Bowen of the 13th:
A bill to be entitled an Act to amend Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to the uniform reporting system for postsecondary enrollment or certain financial assistance, so as to provide certain financial assistance to qualified students in a home study program; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
SR 646. By Senator Cagle of the 49th:
A resolution designating Falcon Parkway; and for other purposes.
Referred to the Committee on Transportation.
SR 650. By Senators Streat of the 19th, Cheeks of the 23rd, Huggins of the 53rd and others:
A resolution encouraging wireless telephone companies operating within the State of Georgia to continue to educate their customers on the responsible use of wireless telephones while operating a motor vehicle; and for other purposes.
Referred to the Committee on Transportation.
SR 653. By Senator Cagle of the 49th:
A resolution designating the "Rankin Smith Interchange"; and for other purposes.
Referred to the Committee on Transportation.
SR 655. By Senators Hecht of the 34th and Thompson of the 33rd:
A resolution creating the Senate Study Committee on the Abuse of Children; and for other purposes.
Referred to the Committee on Rules.

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SR 659. By Senator Cagle of the 49th:
A resolution creating the Hall County Property Assessment Freeze Study Committee; to provide an effective date; and for other purposes.
Referred to the Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 567. By Representatives Skipper of the 137th, Buck of the 135th, Jamieson of the 22nd 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 exemption with respect to sales to housing authorities; to provide for an exemption for certain sales to or by nonprofit organizations having as their primary purpose the raising of funds for books, materials, and programs for public libraries; to provide for an exemption with respect to the sale or use of wheelchairs and certain related equipment; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 801. By Representatives Scheid of the 17th, Stancil of the 16th and Pinholster of the 15th:
A bill to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to the income tax credits for certain low-emission vehicles, so as to increase the amount of such credits; to increase the carry forward periods of such credits; to provide for an additional credit with respect to certain electric vehicle chargers; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 939. By Representative Royal of the 164th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of procedures regarding the establishment of millage rates and the levy of ad valorem property taxes; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1183. By Representatives Rogers of the 20th, Murphy of the 18th, Walker of the 141st and others:
A bill to be entitled an Act to amend Part 1 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding equipment of motor vehicles, so as to prohibit the operation on public roads of certain motor vehicles which supply or are specially equipped to supply the motor vehicles' combustion engines with nitrous oxide fuel additives; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 1210. By Representatives Poag of the 6th and Jenkins of the 110th:
A bill to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from sales and use taxes for certain sales of coins or currency, and for certain sales of gold, silver, or platinum bullion; to provide for rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.

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HB 1256. By Representatives Stallings of the 100th and West of the 101st:
A bill to be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change provisions relating to the ability of visually or physically disabled persons and deaf persons to use guide or service dogs; to expand places where guide or service dogs and guide or service dogs in training are permitted; to enhance penalties for denial of access; to reorganize the chapter for consistency and coherence; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
HB 1265. By Representatives Smith of the 12th, Sims of the 167th and Royal of the 164th:
A bill to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for the signature and written declaration of persons making returns of taxable property; to provide for prima-facie evidence with respect to such returns; to provide for a criminal penalty with respect to certain false swearing; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1285. By Representatives Irvin of the 45th, Ehrhart of the 36th, Graves of the 125th and others:
A bill to be entitled an Act to amend Chapter 24 of Title 45 of the Official Code of Georgia Annotated, the "Governmental Reorganization and Termination from Employment Reform Act of 1997," so as to provide for the appointment of a taxpayers' pension advocate; to provide that such advocate's duties shall be to raise all possible factual and legal objections to the separation of the employee and the granting of involuntary separation benefits to such person; to provide for procedures; to repeal conflicting laws; and for other purposes.
Refe rred to the Committee on Retirement.
HB 1363. By Representatives Randall of the 127th, Buckner of the 95th, McKinney of the 51st and others:
A bill to be entitled an Act to amend Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, so as to increase the membership of the State Records Committee by adding a representative of a governing body as a member of the State Records Committee; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense, Science and Technology.
HB 1582. By Representatives Scarlett of the 174th and Buck of the 135th:
A bill to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of dyed diesel fuel exclusively for use by licensed commercial fishermen; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1583. By Representatives Kaye of the 37th, Buck of the 135th, Royal of the 164th and others:
A bill to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from state sales and use

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tax with respect to the sale of blood measuring devices, other monitoring equipment, or insulin delivery systems used exclusively by diabetics; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Finance and Public Utilities.

HB 1585. By Representatives Shipp of the 38th, Golick of the 30th, Parsons of the 40th and others:

A bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

HB 1614. By Representatives Sauder of the 29th, Manning of the 32nd and Parsons of the 40th:

A bill to be entitled an Act 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, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4618), so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Banking and Financial Institutions has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 431. Do pass by substitute. HB 1231. Do pass.

Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 452. SB 406. SR 618. SB 458.

Do pass. Do pass by substitute. Do pass. Do pass.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President:

The Committee on Finance and Public Utilities 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 462. SB 490.

Do pass by substitute. Do pass.

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SB 491. HB 1205. HB 1416. HB 1452. HB 1509. HB 1510. HB 1224.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Health and Human Services has had under consideration the following bills and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 382. SB 480. SR 571. SR 592.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Stokes of the 43rd District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1230. Do pass. HB 1306. Do pass by substitute. HB 1358. Do pass.

Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 466. Do pass by substitute. SB 483. Do pass by substitute.

Respectfully submitted, Senator Kemp of the 3rd District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 473. SR 624. HB 904. HB 1322.

Do pass as amended. Do pass. Do pass by substitute. Do pass by substitute.

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HB 1362. Do pass . HB 1404. Do pass. HB 1409. Do pass by substitute.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 293. Do pass by substitute. HB 865. Do pass by substitute. HB 1458. Do pass. HB 1311. Do pass.

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 764. Do pass. HB 887. Do pass. HB 919. Do pass.

Respectfully submitted, Senator Huggins of the 53rd District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 4. Do pass. SR 152. Do pass as amended. HR 330. Do pass as amended.

Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 503. SR 596. HB 1323. HB 892. HB 708. HB 1486.

Do pass by substitute. Do pass. Do pass. Do pass. Do pass by substitute. Do pass.

Respectfully submitted, Senator Egan of the 40th District, Chairman

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967

Mr. President:

The Committee on State and Local Governmental Operations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 504. Do pass. SB 505. Do pass. SB 507. Do pass. SB 508. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 418. SB 419. SB 524. SB 496. SR 623. SR 638. HB 520. HR 436. HR 840. HR 881. HR 882. HR 884. HR 897. HR 927. HR 928. HR 1016. HR 1045. HR 1046. HR 1059.

Do pass by substitute. Do pass by substitute. Do pass. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Streat of the 19th District, Chairman

Mr. President:

The Committee on Veterans and Consumer Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1221. Do pass as amended. HB 1396. Do pass. HB 542. Do pass as amended. SB 485. Do pass. SB 499. Do pass. SB 461. Do pass as amended. SB 460. Do pass. SB 60. Do pass by substitute. SB 349. Do pass as amended.

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Respectfully submitted, Senator Harbison of the 15th District, Chairman

The following bills and resolutions were read the second time:

HB 1117 HB 1142 HB 1166 HB 1290 HB 1321 HB 1364 HB 1372 HB 1375 HB 592 SB 367

SB 370 SB 434 SB 443 SB 464 SB 477 SB 479 SB 497 SB 498 SR 539 SR 580

Senator Thompson of the 33rd moved that Senator Lee of the 29th be excused. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Lee was excused.

The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Broun Brown Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden

Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Kemp Ladd Lamutt Land Madden Marable Meyer v Bremen Perdue Polak

Price,R Price,T Ragan Ray Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,N Thomas,R Thompson Walker Williams

Not answering was:

Lee (excused)

The members pledged allegiance to the flag.

Prayer was offered by Bishop Michael Spires, pastor of Church of Atlanta Lighthouse, Atlanta, Georgia.

The following resolutions were read and adopted:

SR 647. By Senator Meyer von Bremen of the 12th:

A resolution commending the Albany/Dougherty County School System High School/High Tech Program; and for other purposes.

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SR 648. By Senator Price of the 56th:
A resolution commending Brian J. Goudelock; for other purposes.
SR 649. By Senators Starr of the 44th and Hecht of the 34th:
A resolution commending the Georgia textile industry and the Georgia Textile Manufacturers Association on the 100th anniversary of the association; and for other purposes.
SR 651. By Senator Ray of the 48th:
A resolution commending the South Forsyth High School Cheerleaders; and for other purposes.
SR 652. By Senator Thomas of the 10th:
A resolution honoring Bernice Williams-Kimbrough; and for other purposes.
SR 654. By Senator James of the 35th:
A resolution recognizing the Pentecostal Churches of the Apostolic Faith Incorporated; and for other purposes.
SR 656. By Senator Hecht of the 34th:
A resolution commending the Lithia Springs High School Scholar Bowl Team; and for other purposes.
SR 657. By Senator Butler of the 55th:
A resolution recognizing the Stone Mountain Freedom Bell; and for other purposes.
SR 658. By Senator Butler of the 55th:
A resolution recognizing and commending the Mothers' Voices Georgia Chapter; and for other purposes.
SR 660. By Senator Jackson of the 50th:
A resolution recognizing and commending the Towns County High School Lady Indians Basketball Team; and for other purposes.
Senator Land of the 16th moved that the following bill be withdrawn from the State and Local Governmental Operations Committee (General) and committed to the Ethics Committee:
SB 467. By Senators Land of the 16th, Stephens of the 51st, Guhl of the 45th and others:
A bill to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to prohibit members of the General Assembly and public officers elected state wide from accepting any gratuitous transfer from a registered lobbyist or a person, organization, or entity represented by a registered lobbyist during a legislative session; to provide a definition; to repeal conflicting laws; and for other purposes.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 467 was withdrawn from the State and Local Governmental Operations Committee (General) and committed to the Ethics Committee.

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Senator Ray of the 48th introduced the South Forsyth High School Cheerleaders, commended by SR 651, adopted previously.

The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday, March 3, 2000 Thirtieth Legislative Day
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 504 SB 505 SB 507

Thompson of the 33rd Hecht of the 34th
CITY OF AUSTELL
A bill to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4701), 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; to provide for related matters; to repeal conflicting laws; and for other purposes.
Hecht of the 34th Starr of the 44th
CLAYTON COUNTY
A bill to be entitled an Act to provide for the authority of the governing authority of Clayton County to request that the election superintendent of Clayton County call and conduct an advisory election for the purpose of submitting to the electors of Clayton County for approval or rejection the question of whether to fund a bus transportation system in Clayton County; to specify the form of the ballot; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Crotts of the 17th Guhl of the 45th
CITY OF CONYERS
A bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Conyers," approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended, so as to change the jurisdiction of the Municipal Court of the City of Conyers; to repeal conflicting laws; and for other purposes.

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SB 508

Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Gingrey of the 37th Tate of the 38th
COBB COUNTY
A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the chief judge, judges, and associate judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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 Blitch
Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land E Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the local bills, the yeas were 52, nays 0.

The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. The following bill was taken up to consider House action thereto:

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; and for other purposes.

Senator Ragan of the 11th moved that the Senate adhere to its disagreement to the House amendment to the Senate amendment and that a Conference Committee be appointed.

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On the motion, the yeas were 30, nays 1; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Ragan of the 11th, Stokes of the 43rd and Walker of the 22nd.
SENATE RULES CALENDAR Friday, March 3, 2000
THIRTIETH LEGISLATIVE DAY SB 486 Family Violence Case-relating to mutual protective order issuance (Judy-3rd) SR 556 Joint Hospital Indigent Care Funding Study Committee-create (H&HS-22nd) SB 444 Day Trading-disclosure statements, appropriateness for customer (DS&T-42nd) SR 351 Study Committee on Linked Deposit Loan Programs-create (Rules-12th) SB 445 Peace Officer Standards and Training Act-redefine peace officer (Substitute) (Pub Saf-29th) SB 439 Administrative Procedure-rule adoption, amendment (Judy-12th) SB 376 Law Enforcement-prohibit using race as factor in stopping motorist (Amendment) (Judy-55th) SB 465 Georgia Technology Authority-GeorgiaNet Division (Substitute) (DS&T-33rd) SB 426 Grand Jurors-expense allowance (Judy-42nd) SB 487 Supersedeas Bonds-limit for punitive damages portion, civil judgment (Judy-3rd) SB 228 Appeal and Error-change provisions on granting of new trials (Substitute) (Judy-34th) SB 417 Corrections Department-sale of goods to private prisons (Corr-19th) SB 489 Corrections Commissioner-accept certain gifts, grants (Ethics-50th)
Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee

The following general bills were read the third time and put upon their passage:

SB 486. By Senators Kemp of the 3rd and Meyer von Bremen of the 12th:

A bill to be entitled an Act to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts, so as to prohibit the issuance of mutual protective orders in cases of family violence unless each party has complied with the provisions of Code Section 19-13-4; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun

Y Harbison Y Hecht Y Hill Y Hooks

Y Price,R Y Price,T Y Ragan Y Ray

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Y Brown 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 Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land E Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 556.

By Senators Walker of the 22nd, Hill of the 4th, Kemp of the 3rd and Stokes of the 43rd:
A resolution creating the Joint Hospital Indigent Care Funding Study Committee; and for other purposes.

Senator Walker of the 22nd offered the following amendment:

Amend SR 556 by striking "16" and inserting "18" on line 7 of page 2.

By striking lines 22 through 24 of page 2 and inserting in their place the following:
"four members shall be appointed by the Georgia Hospital Association, in consultation with other hospital organizations such as the Georgia Alliance of Community Hospitals, two representing urban hospitals and two representing rural hospitals. The committee shall draw".

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 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
Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land E Lee Y Madden Y Marable

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R

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Y Gillis Y Gingrey Y Golden Y Guhl

Y Meyer v Bremen Y Perdue Y Polak

Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 53, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SB 444. By Senator Polak of the 42nd:

A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to define certain terms; to provide that prior to opening a customer account, a day trading firm must provide a certain disclosure statement and determine whether day trading is appropriate for the customer; to provide a disclosure statement; to provide for an alternate statement; to provide that certain exemptions from registration with the commissioner of securities shall not apply to day trading firms; to provide certain unlawful practices; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land E Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 351. By Senators Dean of the 31st, Starr of the 44th and Meyer von Bremen of the 12th:

A resolution creating the Senate Study Committee on Linked Deposit Loan Programs.

Senator Meyer von Bremen of the 12th offered the following amendment:

Amend SR 351 by striking on page 2 on lines 22 and 23 the following:

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975

"1999"

and inserting in lieu thereof:

"2000".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the 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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land E Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SB 445. By Senator Lee of the 29th:

A bill to be entitled an Act to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of the term "peace officer"; to include within the definition of the term "peace officer" personnel who are authorized to exercise the power of arrest and who are employed or appointed as jail officers in county jails; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Public Safety Committee offered the following substitute to SB 445:

A BILL
To be entitled an Act to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of the term "peace officer"; to include within the definition of the term "peace officer" certain personnel of county jails; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," is amended by striking in its entirety subparagraph (C) of paragraph (8) and inserting in lieu thereof a new subparagraph (C) to read as follows:

"(C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, county probation systems, and county correctional institutions, and county jails relating only to the transport and confinement in, from, and to county jails, provided that such restrictions on the authority of such county jail personnel shall not apply if such officers are certified by the Georgia Peace Officer Standards and Training Council; and".

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 30, nays 0, and the 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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land E Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 439. By Senators Meyer von Bremen of the 12th, Lee of the 29th and Ragan of the 11th:

To be entitled an Act to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning administrative procedure, so as to provide for additional definitions; to change certain time limits for the giving of notice concerning the adoption,

Friday, March 3, 2000

977

amendment, or repeal of rules; to change certain provisions relating to providing copies of proposed rules to the legislative counsel; to change the requirements relating to the Secretary of State and the keeping of files and records; to change the provisions relating to the effective date of rules; to provide for the publication of rules, compilations, and bulletins in print and electronically; to repeal conflicting laws; and for other purposes.

Senators Price of the 56th and Meyer von Bremen of the 12th offered the following amendment:

Amend SB 439 by changing on page 4, line 15 the # "21" to "30"

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton
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,E Y Kemp Y Ladd Y Lamutt Y Land E Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate
Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Hill of the 4th introduced the doctor of the day, Dr. Emory Bohler.

The Calendar was resumed.

SB 376.

By Senators Butler of the 55th, James of the 35th, Brown of the 26th and others:
A bill to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to prohibit police officers from using race as a factor in their decision to stop a motorist; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following amendment:

Amend SB 376 by inserting after the word "belief" on line 22 of page 1 the following:

"of a violation, unless used to identify or confirm the previously confirmed description of a person".

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On the adoption of the amendment, the yeas were 1, nays 44, and the committee amendment was lost.

Senator Butler of the 55th offered the following amendment:

Amend SB 376 (LC 19 4470) by inserting on line 22 of page 1 after the word "belief" and before the period the following:

"of a violation, unless it is used to identify or confirm a previously obtained description of a person".

Senator Butler of the 55th asked unanimous consent that her amendment be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Land of the 16th offered the following amendment:

Amend SB 376 by adding on line 22 of page 1 after "ethnicity" the following: "as the sole basis for formulating" and

by striking "formulate" on line 22 of page 1.

On the adoption of the amendment, the yeas were 45, nays 0, and the Land amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land E Lee
Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

Friday, March 3, 2000

979

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1365.

By Representatives Barnard of the 154th, Smith of the 103rd, Manning of the 32nd and others:

A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; to provide for a short title; to provide for legislative intent; to provide for a definition; to provide for immunity from criminal prosecution in certain circumstances.

Senator Walker of the 22nd moved that the Senate stand in recess until 5:00 p.m. today, then adjourn pursuant to HR 1169, until 10:00 a.m. Monday, March 6, 2000.

The President announced that the motion prevailed at 12:12 p.m.

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Senate Chamber, Atlanta, Georgia Monday, March 6, 2000
Thirty-first Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Starr of the 44th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1620.

By Representatives Martin of the 145th and Lane of the 146th:
A bill to amend an Act entitled "An Act creating the State Court of Bulloch County," so as to provide that the judge of the State Court of Bulloch County shall be full time and may not engage in the private practice of law; to change the compensation of such judge and the solicitor-general and the provisions relating thereto.

HB 1621.

By Representatives Lane of the 146th and Martin of the 145th:
A bill to amend an Act creating the board of commissioners of Bulloch County, so as to change the compensation of the members of the board of commissioners; to provide for staggered terms for members of the board of commissioners.

HB 1622.

By Representative Crawford of the 129th: A bill to create the Pike County Water and Sewerage Authority.

HB 1624.

By Representatives Wix of the 33rd, Shipp of the 38th, Manning of the 32nd and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.

HB 1625.

By Representatives Borders of the 177th, Shaw of the 176th and Reaves of the 178th: A bill to provide a new charter for the City of Valdosta.

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981

HB 1627.

By Representatives Allen of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act regulating public instruction for the County of Richmond, so as to remove a provision requiring the election of members of the board of education of Richmond County by majority vote.

HB 1628.

By Representatives Allen of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act regulating public instruction in the County of Richmond, so as to change the provisions relating to letting contracts and opening bids.

HB 1501.

By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Pooler ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

HB 1502.

By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Tybee Island ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

HB 1505.

By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Bloomingdale ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

HB 1506.

By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Port Wentworth ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

HB 784.

By Representatives Byrd of the 170th, West of the 101st, Dean of the 48th and others:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to enact a new article providing prescriptive authority to advanced practice registered nurses.

HB 1400.

By Representatives Bordeaux of the 151st and Smith of the 109th:
A bill to amend Code Section 34-9-11.1 of the Official Code of Georgia Annotated, relating to an employee's or survivor's right of action against a person other than an employer, so as to provide for a waiver of an employer's subrogation lien or other right of recovery unless an employer or employer's insurer provides a timely response to information requested by an injured employee under certain circumstances.

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HB 1425.

By Representatives Cummings of the 27th, Murphy of the 18th and Richardson of the 26th: A bill to provide for an additional judge of the superior court of the Tallapoosa Judicial Circuit.

HB 543.

By Representatives Shanahan of the 10th and Cummings of the 27th:
A bill to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide for the transfer of contributions from the Employees' Retirement System of Georgia to the Georgia Judicial Retirement System.

HB 1508.

By Representative Royal of the 164th:
A bill to amend Chapter 5A of Title 50 of the Official Code of Georgia Annotated, relating to the Office of Treasury and Fiscal Services, so as to provide for additional powers, duties, and authority of such office and the director thereof; to provide for investment standards; 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 relating to investment authority regarding the health insurance funds for public school teachers and public school employees.

HB 1291.

By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions.

HB 1310.

By Representatives Jenkins of the 110th, Buck of the 135th and Royal of the 164th:

A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to change certain provisions regarding contents of reports and distributions by collecting officers.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 330.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th, Blitch of the 7th and others:

A bill to be entitled an Act to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, so as to authorize the Commissioner of Agriculture to establish, impose, and collect fees for certain services rendered by the Department of Agriculture pursuant to certain federal laws and regulations; to repeal conflicting laws.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 533. By Senators Lamutt of the 21st, Tanksley of the 32nd, Gingrey of the 37th and others:

A bill to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, so as to change the date upon which the commission will be abolished; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

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SB 534. By Senator Stephens of the 51st:
A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824), as amended, so as to provide for an advisory referendum election to be held in Gilmer County for the purpose of ascertaining whether the voters of Gilmer County prefer that the Gilmer County Board of Commissioners adopt a land use (zoning) ordinance for the unincorporated area of Gilmer County; to provide procedures and requirements and for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SB 535. By Senators Thomas of the 10th, Brush of the 24th, Brown of the 26th and others:
A bill to be entitled an Act to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide that a person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of such an organization or association; to provide that no person who owns or operates a public accommodation may exclude patrons from parking two-wheeled or three-wheeled vehicles in the parking lot of the public accommodation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 536. By Senator Thomas of the 10th:
A bill to be entitled an Act to provide a new charter for the City of Decatur, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of the city and the powers, duties, election, terms, method of filling vacancies, and compensation of the members of such governing authority; to provide for investigations; to provide for organization and procedures; to provide for ordinances, rules, and regulations; to provide for penalties; to provide for the office of mayor and powers and duties of the mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager and other personnel; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SR 666. By Senator Ragan of the 11th:
A resolution designating the S.G. Maddox Highway; and for other purposes.
Referred to the Committee on Transportation.
The following bills of the House were read the first time and referred to committees:
HB 543. By Representatives Shanahan of the 10th and Cummings of the 27th:
A bill to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide for the transfer of contributions from the Employees' Retirement System of Georgia to the Georgia Judicial Retirement System; and for other purposes.
Referred to the Committee on Retirement.

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HB 784. By Representatives Byrd of the 170th, West of the 101st, Dean of the 48th and others:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to enact a new article providing prescriptive authority to advanced practice registered nurses; and for other purposes.
Referred to the Committee on Health and Human Services.
HB 1291. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for additional requirements and limitations with respect thereto; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1310. By Representatives Jenkins of the 110th, Buck of the 135th and Royal of the 164th:
A bill to be entitled an Act to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to change certain provisions regarding contents of reports and distributions by collecting officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1365. By Representatives Barnard of the 154th, Smith of the 103rd and Manning of the 32nd:
A BILL to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; to provide for a ort title; to provide for legislative intent; to provide for a definition; to provide for immunity from criminal prosecution in certain circumstances; and for other purposes.
Referred to the Committee on Judiciary.
HB 1400. By Representatives Bordeaux of the 151st and Smith of the 109th:
A bill to be entitled an Act to amend Code Section 34-9-11.1 of the Official Code of Georgia Annotated, relating to an employee's or survivor's right of action against a person other than an employer, so as to provide for a waiver of an employer's subrogation lien or other right of recovery unless an employer or employer's insurer provides a timely response to information requested by an injured employee under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
HB 1425. By Representatives Cummings of the 27th, Murphy of the 18th and Richardson of the 26th:
A bill to be entitled an Act to provide for an additional judge of the superior court of the Tallapoosa Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to provide for terms and qualifications; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judge; to authorize employment of an additional court reporter; to provide for construction of this Act; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial

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circuits, so as to provide for an additional judge of the superior court of the Tallapoosa Judicial Circuit; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1501. By Representatives Day of the 153rd and Stephens of the 150th:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Pooler 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 base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the specific repeal of an Act approved April 12, 1999 (Ga. L. 1999, p. 4190); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1502. By Representatives Day of the 153rd and Stephens of the 150th:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Tybee Island ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the specific repeal of an Act approved April 12, 1999 (Ga. L. 1999, p. 4194); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1505. By Representatives Day of the 153rd and Stephens of the 150th:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Bloomingdale 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 base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the specific repeal of an Act approved April 12, 1999 (Ga. L. 1999, p. 4203); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1506. By Representatives Day of the 153rd and Stephens of the 150th:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Port Wentworth ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the specific repeal of an Act approved April 12, 1999 (Ga. L. 1999, p. 4198); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

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HB 1508. By Representative Royal of the 164th:
A bill to be entitled an Act to amend Chapter 5A of Title 50 of the Official Code of Georgia Annotated, relating to the Office of Treasury and Fiscal Services, so as to provide for additional powers, duties, and authority of such office and the director thereof; to provide for investment standards; 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 relating to investment authority regarding the health insurance funds for public school teachers and public school employees; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations (General).
HB 1620. By Representatives Martin of the 145th and Lane of the 146th:
A bill to be entitled an Act to amend An Act entitled "An Act creating the State Court of Bulloch County," approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, so as to provide that the judge of the State Court of Bulloch County shall be full time and may not engage in the private practice of law; to change the compensation of such judge and the solicitor-general and the provisions relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1621. By Representatives Lane of the 146th and Martin of the 145th:
A bill to be entitled an Act to amend an Act creating the board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved February 4, 1949 (Ga. L. 1949, p. 186) and by an Act approved April 6, 1992 (Ga. L. 1992, p. 5334), so as to change the compensation of the members of the board of commissioners; to provide for staggered terms for members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1622. By Representative Crawford of the 129th:
A bill to be entitled an Act to create the Pike County Water and Sewerage Authority; to confer powers and to impose duties on the authority; to provide for the members of the authority, their appointment, term of tenure, qualifications, vacancies, expenses, quorum, meetings, and compensation; to prohibit conflicts of interest; to provide for definitions; to authorize the authority to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases; to authorize the issuance and sale of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1624. By Representatives Wix of the 33rd, Shipp of the 38th, Manning of the 32nd and others:
A bill to be entitled an Act 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, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3991), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4342), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

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HB 1625. By Representatives Borders of the 177th, Shaw of the 176th and Reaves of the 178th:

A bill to provide a new charter for the City of Valdosta; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1627. By Representatives Allen of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to be entitled an Act to amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6224), and an Act approved April 16, 1999 (Ga. 1999, p. 4322), so as to remove a provision requiring the election of members of the board of education of Richmond County by majority vote; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1628. By Representatives Allen of the 117th, Anderson of the 116th, Howard of the 118th and others:

A bill to be entitled an Act to amend an Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 17, 1992 (Ga. L. 1992, p. 6349), so as to change the provisions relating to letting contracts and opening bids; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Ethics has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 459. Do pass by substitute.

Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 475. Do pass. HB 1379. Do pass by substitute.

Respectfully submitted, Senator Madden of the 47th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 528. Do pass. HB 122. Do pass.

Respectfully submitted,

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Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Reapportionment has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 530. Do pass.

Respectfully submitted, Senator Blitch of the 7th 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 610. Do pass.

Respectfully submitted, Senator Scott of the 36th 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 129. SB 469. SB 506. SB 521. HB 1511.

Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

HB 1205 HB 1221 HB 1224 HB 1230 HB 1231 HB 1306 HB 1311 HB 1322 HB 1323 HB 1358 HB 1362 HB 1396 HB 1404 HB 1409 HB 1416 HB 1452 HB 1458 HB 1486 HB 1509 HB 1510

HR 884 HR 897 HR 927 HR 928 SB 293 SB 349 SB 382 SB 406 SB 418 SB 419 SB 431 SB 452 SB 458 SB 460 SB 461 SB 462 SB 466 SB 473 SB 480 SB 483

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989

HB 520 HB 542 HB 708 HB 764 HB 865 HB 887 HB 892 HB 904 HB 919 HR 1016 HR 1045 HR 1046 HR 1059 HR 436 HR 840 HR 881 HR 882

SB 485 SB 490 SB 491 SB 496 SB 499 SB 503 SB 524 SB 60 SR 152 SR 4 SR 571 SR 592 SR 596 SR 618 SR 623 SR 624 SR 638

The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Broun Brown Brush Burton Butler Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey

Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Ladd Lamutt Land Lee Madden Marable Meyer v Bremen

Perdue Polak Price,R Price,T Ragan Ray Smith Stokes Streat Tanksley Tate Thomas,D Thomas,R Thompson Williams

Those not answering were:

Cable Golden Kemp Scott Starr (presiding) Stephens Thomas, N. Walker

The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:

Senators: Cable of the 27th Stephens of the 51st

The members pledged allegiance to the flag.

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Prayer was offered by Reverend Gerald Durley, pastor of Providence Missionary Baptist Church, Atlanta, Georgia.

The following resolutions were read and adopted:

SR 661. By Senator Bowen of the 13th:

A resolution commending Honorable Betty Clements Hill; and for other purposes.

SR 662. By Senators Harbison of the 15th and Land of the 16th:

SR 663.

A resolution commending Retired Sergeant Lonnie Jackson and C.C.S.C., Inc.; and for other purposes. By Senators Crotts of the 17th and Land of the 16th:

A resolution commending Georgia Ambulance Network; and for other purposes.

SR 664. By Senators Hill of the 4th, Kemp of the 3rd, Streat of the 19th and others:

A resolution commending Osjha Anderson, Miss Georgia 1999; and for other purposes.

SR 665. By Senator Ragan of the 11th:

SR 667.

A resolution honoring the life and mourning the passing of S.G. Maddox; and for other purposes. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:

A resolution commending the Darton College Lady Cavaliers; and for other purposes.

SR 668. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:

A resolution commending Darton College Coach Laura J. Blackwell; and for other purposes.

SR 669. By Senators Brown of the 26th, Walker of the 22nd, James of the 35th and Polak of the 42nd:

A resolution urging the State of Georgia to purchase motor vehicles produced in the state when practical; and for other purposes.

SR 670.

By Senator Brush of the 24th:
A resolution commending Teresa Egger Hoechst, Oglethorpe County Teacher of the Year; and for other purposes.

Senator Thomas of the 2nd introduced the Honorable Lawton Smith, Jr., commended by SR 602, adopted previously.

Senator Smith of the 25th introduced Mayor Susan Holmes of Monticello, Georgia, commended by SR 564, adopted previously.

The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR

Monday, March 6, 2000 Thirty-first Legislative Day

Monday, March 6, 2000

991

SB 129

(The names listed with each bill are the Senators whose districts are affected by the legislation.)
Madden of the 47th
TOWN OF BRASELTON
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.

SB 469

Madden of the 47th
JACKSON COUNTY
A bill to be entitled an Act to amend the "Jackson County Water and Sewerage Authority Act," approved March 28, 1986 (Ga. L. 1986, p. 5473), as amended, so as to eliminate certain term limits for members of the authority; to repeal conflicting laws; and for other purposes.

SB 506

Crotts of the 17th Guhl of the 45th
CITY OF CONYERS
A bill to be entitled an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $7,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

SB 521

Williams of the 6th
PIERCE COUNTY
A bill to be entitled an Act to amend an Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, so as to change the provisions relating to the compensation of the judge and solicitor-general of the State Court of Pierce County; to provide for cost-of-living increases and longevity increases in the compensation of such officers; to provide for a monthly expense allowance for such officers; to provide for reimbursement for certain other expenses incurred by such officers in carrying out the duties of their respective offices; to provide for conditions and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

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Y Balfour Y Blitch
Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Fort Y Gillis Y Gingrey Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the passage of the local bills, the yeas were 47, nays 0.

The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE RULES CALENDAR

Monday, March 6, 2000 THIRTY-FIRST LEGISLATIVE DAY

SB 465 SB 426

Georgia Technology Authority-GeorgiaNet Division (Substitutes) (DS&T-33rd) Grand Jurors-expense allowance (Judy-42nd)

SB 228 Appeal and Error-change provisions on granting of new trials (Substitute) (Judy-34th)

HB 1182 Environmental Policy Act; amend provisions (Substitute) (NatR-22nd) Reaves-178th

SB 417

Corrections Department-sale of goods to private prisons (Corr-19th)

SB 489 Corrections Commissioner-accept certain gifts, grants (Amendment) (Ethics-50th)

SR 580 SB 335

CA: Ad Valorem Tax-marine vessels (F&PU-3rd) Prestige License Plates-Georgia National Guard (F&PU-6th)

SB 497 Baldwin County-homestead exemption (F&PU-25th)

SB 498

Baldwin County-homestead exemption (F&PU-25th)

SR 511

Federal Employees Health Benefit Program-open to armed service beneficiaries (Rules-24th)

SB 464 Insurance-prohibit discrimination against family violence victim (Substitute)(I&L-43rd)

SB 443

Certain Housing Funded by State, Federal-handicap accessibility (SLGO-G-39th)

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993

SB 479 SB 450 SB 366 SB 477 SR 539

Mental Disabilities, Substance Abuse-state ombudsman (Substitute) (I&L-47th) Weapon Possession During Commission of Drug Crime-unlawful (Judy-4th) Railroad Crossings-agreement with city/county for closing (Trans-33rd) Organic Certification and Labeling Act-provide (Substitute) (Ag-11th) State and Local Government Economic Empowerment Act-urge Congress support (SLGO-G-47th)

Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 465. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and Polak of the 42nd:
A bill to be entitled an Act to amend Code Section 28-3-24.1 of the O.C.G.A., relating to the public distribution of legislative information in electronic format, so as to establish the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 40-5-2 of the O.C.G.A., relating to the keeping of records of applications for licenses and information on licensees, so as to refer to the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 47-2-320 of the O.C.G.A., relating to membership in the retirement system of officers and employees of the GeorgiaNet Authority, so as to refer to the Georgia Technology Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Defense, Science, and Technology Committee offered the following substitute to SB 465:

A BILL
To be entitled an Act to amend Code Section 28-3-24.1 of the Official Code of Georgia Annotated, relating to the public distribution of legislative information in electronic format, so as to establish the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the keeping of records of applications for licenses and information on licensees, so as to refer to the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 47-2-320 of the Official Code of Georgia Annotated, relating to membership in the retirement system of officers and employees of the GeorgiaNet Authority, so as to refer to the Georgia Technology Authority; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to establish the Georgia Technology Authority as the successor in interest to the GeorgiaNet Authority; to repeal certain provisions relating to the Electronic Data Processing-Printing Committee; to provide definitions; to provide for the membership and officers of the Georgia Technology Authority; to provide for an executive director of the authority; to provide for the powers of the authority; to provide for the establishment of a technology empowerment fund; to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995," so as to repeal certain provisions relating to said Act; to change provisions relating to the Electronic Commerce Study Committee; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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Code Section 28-3-24.1 of the Official Code of Georgia Annotated, relating to the public distribution of legislative information in electronic format, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) The Secretary of the Senate and the Clerk of the House of Representatives may provide legislative information in electronic format to the GeorgiaNet Division of the Georgia Technology Authority for purposes of public distribution as provided in Code Section 50-25-14. The information may be provided on at least a daily basis in the most current format available. The information provided may include at a minimum: available schedules and agenda for committee meetings; available bill and resolution status information; and full text of all available prefiled and introduced versions of bills and resolutions, including amendments and substitutes. The information provided may include such other matters as will in the determination of the Secretary and the Clerk contribute to the purposes of this Code section."
SECTION 2.
Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the keeping of records of applications for licenses and information on licensees, is amended by striking subparagraph (c)(1)(F) and paragraph (1) of subsection (d) inserting in lieu thereof the following:
"(F) With the written release of the driver, to a rental car company for use in the normal course of its business; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. Such access shall be provided and funded through the GeorgiaNet Division of the Georgia Technology Authority, and the department shall bear no costs associated with such access; and"
"(d)(1) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Division of the Georgia Technology Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof."
SECTION 3.
Code Section 47-2-320 of the Official Code of Georgia Annotated, relating to membership in the retirement system of officers and employees of the GeorgiaNet Authority, is amended by striking paragraph (1) of subsection (a) and subsection (f) and inserting in lieu thereof the following:
"(1) 'GeorgiaNet Georgia Technology Authority' or 'authority' means the GeorgiaNet Georgia Technology Authority established by Chapter 25 of Title 50."
"(f) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the GeorgiaNet Georgia Technology Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter."
SECTION 4.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Sections 50-510 and 50-5-11 by striking said Code sections in their entirety and inserting in lieu thereof the following:
"50-5-10.

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(a)-There is created within the Department of Administrative Services the Electronic Data Processing-Printing Committee. The committee shall consist of the commissioner of administrative services; the Commissioner of Agriculture; the commissioner of human resources; the state auditor; the commissioner of transportation; the Commissioner of Insurance; the state revenue commissioner; and the State School Superintendent.
(b)-The committee shall meet at least monthly at a regular time and place or as often as deemed necessary to perform its duties effectively and efficiently upon the call of the chairman or any three of the members.
(c)-The Governor shall have the authority to transfer the printing, duplication, reproduction, copying, electronic data processing, and electronic computer service functions of any board, department, or agency of state government to the Department of Administrative Services, except that electronic data processing equipment used exclusively for educational or research purposes by any agency under the jurisdiction of the Board of Regents of the University System of Georgia shall not be subject to these provisions. The commissioner of administrative services shall develop all policies necessary to provide electronic data processing and printing, copying, and duplicating services for all boards, departments, and agencies of state government.
(d)-The commissioner of administrative services shall adopt a plan on consolidation of printing operations, consisting of no more than eight separate facilities.
(e)-The Department of Labor is exempt from these provisions.
(f)-The committee shall hear and decide all appeals from any order of priority of all printing and data processing and shall establish policies to determine the order of priority of all printing and data processing work to be performed by the Department of Administrative Services and shall assure effective service. In a case of dispute between departments as to the order of priority, the committee shall have the authority to determine which department shall have priority. A quorum shall consist of four members.
Reserved.
50-5-11.
Except as provided in subsection (e) of Code Section 50-5-10, the Governor shall have the authority to transfer the printing, duplication, reproduction, copying, electronic data processing, and electronic computer service functions of all state agencies to the Department of Administrative Services. This Code section shall be implemented by executive order of the Governor, and he shall have the authority to implement this Code section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transfer, the Governor shall consult with the head of the department affected and shall assure that the transfer shall not interrupt such department's services. If any department head objects to any transfer of services, he may appeal to the Electronic Data Processing-Printing Committee, and the committee shall make the final ruling as to whether or not the transfer of services shall be made.
Reserved."
SECTION 5.
Said title is further amended in Part 1 of Article 5 of Chapter 5, the "Telecommunications Consolidation Act of 1973," by striking in their entirety Code Sections 50-5-160 through 50-5-169 and inserting in lieu thereof the following:
"Part 1

50-5-160.

Reserved

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This part shall be known and may be cited as the 'Telecommunications Consolidation Act of 1973.'
50-5-161.
As used in this part, the term 'telecommunication system' means any system for the transmission, emission, or reception of signs, signals, writings, images, sounds, or intelligence of any nature by wire, radio, optical, or other electromagnetic means, excepting systems, facilities, personnel, and technology for the purposes of educational radio and television or for the instruction of persons with disabilities.
50-5-162.
(a)-The consolidation of certain services into integrated, state-wide telecommunications systems will result in more effective and efficient services to state government.
(b)-It is the intention and purpose of the General Assembly that a state-wide telecommunications system be developed whereby maximum efficiency in the utilization of telecommunications services is achieved.
50-5-163.
The Department of Administrative Services is authorized and directed to develop a plan to consolidate applicable state government telecommunications services and systems into a consolidated, integrated, state-wide system and to implement the plan at the earliest possible time. The department shall be responsible for the management and administration of the consolidated state-wide system.
50-5-164.
Each user agency shall determine its particular telecommunication service requirements and the site at which such services shall be provided; and it shall be the duty of the Department of Administrative Services to provide the service as determined by each user agency. The commissioner of administrative services shall provide also for the consolidation, integration, coordination, and promotion of joint use of telecommunications facilities owned or used by state government and for the management of an efficient, economical, reliable, compatible, and coordinated statewide telecommunications system and shall take such actions as may be necessary and desirable to ensure the delivery of efficient, effective, and economical telecommunications services to user agencies of the consolidated system.
50-5-165.
The Department of Administrative Services is empowered to execute contracts with common carriers as needed for the purpose of developing, maintaining, coordinating, and implementing plans for effective communications in state government.
50-5-166.
(a)-The commissioner of administrative services shall develop a system or systems of equitable billings and charges to be made to the using agencies or entities for all joint-use telecommunications services, equipment, maintenance, operation, and other activities connected therewith. A telecommunications revolving account is established under the administration of the Department of Administrative Services for the purposes of this part, including, but not limited to, the purchase, lease, or other forms of acquisition of services, supplies, equipment, and the payment of all salaries, wages, or any other costs incidental to the provision and maintenance of a joint-use telecommunications system. In order to provide an adequate cash flow as may be necessary for the purposes of this part, using state agencies or other using entities, upon request of the Department of Administrative Services, shall make monthly payments into the telecommunications revolving account from funds appropriated for telecommunications services.
(b)-The commissioner of administrative services may provide a means whereby local governmental entities may utilize the state telecommunications systems upon such terms and under such conditions as the commissioner may establish; provided, however, that the local government entity must bear the cost of such use. The Department of

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Administrative Services may cooperate with other states or the federal government, or any agency thereof, with respect to organizing telecommunications systems in expediting and carrying out regional or wide-area telecommunications networks and may enter into any agreement necessary therefor
50-5-167.
All agencies of state government are requested to cooperate with the Department of Administrative Services, for the purpose of implementing this part, by providing any information requested by the department. No department, board, authority, or other agency of state government other than the Department of Administrative Services shall perform the duties or exercise the powers of the department, except as provided in this part, unless the department delegates such duties or powers to another agency.

50-5-168.
In the event a state of emergency or disaster is declared, the Governor may direct the Department of Defense to assume control over all or part of the state-wide telecommunications system for the duration of the state of emergency or disaster.
50-5-169.
The Electronic Data Processing-Printing Committee created by Code Section 50-5-10 shall perform the same functions in regard to telecommunications as the committee performs in regard to electronic data processing and printing under Code Section 50-5-10."
SECTION 6.
Said title is further amended in Part 2 of Article 5 of Chapter 5, the "Public Safety Radio Services Act of 1975," by striking Code Section 50-5-180 through Code Section 50-5-186 and inserting in lieu thereof the following:
"Part 2
Reserved
50-5-180.
This part shall be known and may be cited as the 'Public Safety Radio Services Act of 1975.'
50-5-181.
As used in this part, the term 'public safety radio services' means all radio services of state, county, or municipal governments, as defined in Part 89 of the Rules and Regulations of the Federal Communications Commission.
50-5-182.
(a)-There is only a limited number of radio channels available to provide state and local governments with public safety interest.
(b)-Radio channels for public services have been assigned by the block allocation method on a first-come, firstserved basis with little regard to sound system engineering practices so that some state and local government agencies operate inefficiently on very lightly loaded channels while other similar agencies must operate on severely overcrowded channels, experiencing severe cochannel interference and lack of proper range for adequate coverage.
(c)-State and local government agencies in the larger metropolitan areas possess an insufficient number of radio channels to serve the public and experience skips in coverage and other interference connected with overcrowding.

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(d)-Existing radio communications systems of state and local government agencies fail to meet the need for rapid interagency communications in times of emergency.
(e)-State-wide radio communications planning will conserve the valuable and irreplaceable radio channel resource and will result in optimum public safety radio service for state and local government.
50-5-183.
The Department of Administrative Services is authorized and directed to develop a state-wide system of allocation of radio channels for public safety radio services and to implement the system at the earliest possible time. The Department of Administrative Services shall be responsible for conducting all radio frequency channel searches and for the processing of all public safety radio service license applications to the Federal Communications Commission for state, county, and municipal governments and shall have the power to approve or disapprove such applications for licenses consistent with the public interest. In developing such a system, the Department of Administrative Services shall divide the state into appropriate regions and shall develop a plan which shall include the following provisions:
(1)-A recommendations provision which shall state the public safety radio needs for each state agency, county, and municipality comprising the region;
(2)-An interagency communications provision which shall depict the communication interfaces between municipal, county, and state entities which operate within the region; and
(3)-A frequency allocation and use provision which shall include on an entity basis each assigned and planned radio channel and the type of operation (simplex, duplex, or half-duplex) on each channel.
50-5-184.
The Department of Administrative Services shall provide for the coordination and promotion of joint use of public safety radio services owned or used by state, county, and municipal governments, except those services owned or used by counties or municipal corporations having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, and shall also provide for the management and conservation of the public safety radio channel resource and shall take such actions as may be necessary to manage and protect public safety radio services and to ensure delivery of efficient, effective, and economical public safety radio services to state, county, and municipal governments.
50-5-185.
All agencies of state, county, and municipal governments are requested to cooperate with the Department of Administrative Services, for the purpose of implementing this part, by providing any information requested by the Department of Administrative Services. No department, board, authority, or any other agency of state, county, or municipal government shall perform the duties or exercise the powers of the department, except as provided in this part, unless the Department of Administrative Services delegates such duties or powers to another agency.
50-5-186.
An appeal board shall be established by this part, such board to consist of the commissioner of public safety, commissioner of natural resources, commissioner of transportation, commissioner of administrative services, director of the State Forestry Commission, president of the Association County Commissioners of Georgia, the president of the Georgia Municipal Association, or their appointed representatives. Any action or decision under this part by the Department of Administrative Services affecting any governmental agency or entity may be appealed to this board, which shall hear the facts and, upon adequate presentation, render a decision based thereon. The board's decision shall be binding upon all parties thereto. The commissioner of administrative services shall call the appeal board into session upon the written request for an appeal by any governmental agency or entity."
SECTION 7.

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Said title is further amended in Part 3 of Article 5 of Chapter 5, the "Georgia Distance Learning and Telemedicine Act of 1992," by striking Code Sections 50-5-191 through 50-5-202 and inserting in lieu thereof the following:
"50-5-191.
(a) The General Assembly finds and declares that it is in the public interest to provide appropriate means for the continued development and enhancement of educational opportunities and medical care throughout the State of Georgia through the use of audio and video systems employing interactive technology. Systems which would make this concept a reality are technologically feasible, but they have not been constructed in Georgia. Such systems are in the public interest. If deployed state wide and linked with other networks on a national or international basis, they would permit students interactive access to a greater variety of instruction, thus enhancing educational quality throughout Georgia, and they would improve the delivery of medical care to all areas of Georgia.
(b) It is the intention and purpose of the General Assembly that a state-wide distance learning and telemedicine network be developed whereby educational quality throughout the state will be enhanced and delivery of medical care to all areas of the state will be improved. It is the further intention of the General Assembly that there be a method of funding the state-wide network from the Universal Service Fund through a newly created Distance Learning and Telemedicine Network Governing Board, and that the Department of Administrative Services Georgia Technology Authority be the sole administrator of the Universal Service Fund for such purposes.
50-5-192.
As used in this part, the term:
(1) 'Costs' means the reasonable and customary charges for goods and services incurred or to be incurred in the establishment of a state-wide distance learning and telemedicine network with the exception of charges from a transport provider, or network provider for the provision of equipment or facilities which are multiple use. The charges for such multiple use facilities must be prorated by the Department of Administrative Services Georgia Technology Authority.
(2) 'Distance learning' means an interactive telecommunications system that utilizes audio, video, and other appropriate elements and is compatible with other distance learning networks and that is used for the purpose of enhancing instructional opportunities in Georgia schools.
(3) 'Governing board' means the Distance Learning and Telemedicine Network Governing Board.
(4) 'Medical facilities' means any fully licensed and accredited, publicly funded medical care providers that furnish either inpatient or outpatient services. Research facilities are specifically excluded.
(5) 'School' means any accredited public institution providing instruction at levels K-12 or any accredited public postsecondary institution.
(6) 'Telemedicine' means an interactive telecommunications system that utilizes audio, video, and other appropriate elements and is compatible with other telemedicine networks and that is used for the purpose of enhancing the delivery of medical care to medical facilities throughout Georgia.
(7) 'Universal Service Fund' means that fund which was created by the Public Service Commission in Public Service Commission Docket No. 3905-U and 3921-U, and which is also known as the Economic Development Fund.
50-5-193.
The Department of Administrative Services Georgia Technology Authority is authorized and directed to develop, as a part of the state-wide telecommunication system provided for in Part 1 of this article, a plan, which must be approved by the governing board, for a consolidated, integrated, state-wide shared use distance learning and telemedicine network and to implement same at the earliest possible time. The department authority shall be

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responsible for the management and administration of the consolidated state-wide network and shall provide all the distance learning and telemedicine service requirements of the schools and medical facilities whose applications are approved by the governing board.
50-5-194.
The provisions of Part 1 of this article, the 'Telecommunications Consolidation Act of 1973,' shall apply to this part.
Reserved.
50-5-195.
The Department of Administrative Services Georgia Technology Authority is authorized to withdraw funds from the Universal Service Fund for the purchase, lease, or other forms of acquisition of the common components, network facilities, and other commonly shared items of the state-wide distance learning and telemedicine network infrastructure and for the payment of all salaries, wages, or any other costs incidental to the planning and provision of the state-wide, shared use network as approved by the governing board.
50-5-196.
(a) There is established a Distance Learning and Telemedicine Network Governing Board.
(b) The governing board shall consist of nine members and shall be comprised of the following: the commissioner of administrative services executive director of the Georgia Technology Authority, the director of the Office of Planning and Budget, the State School Superintendent, the commissioner of technical and adult education, the executive director of the Georgia Public Telecommunications Commission, a member of the Public Service Commission to be appointed by the Governor, a member of the House of Representatives to be appointed by the Speaker of the House of Representatives, a member of the Senate to be appointed by the President of the Senate, and the Chancellor of the University System of Georgia, or their appointed representatives. The commissioner of administrative services executive director of the Georgia Technology Authority shall serve as the chairperson of the governing board. The governing board shall elect from its members such other officers as are considered necessary to serve terms of one year each; provided, however, no person shall hold the same office for more than two consecutive terms.
(c) It shall be the function of the governing board and the governing board shall have the power, duty, and authority to set policies, review applications, and award funding for the state-wide distance learning and telemedicine network in accordance with Code Sections 50-5-198 and 50-5-199.
(d) The governing board shall hold meetings as often as it determines to do so. The governing board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the governing board establishes another procedure, the chair chairperson or any four members of the governing board may call a special meeting upon adequate written, personal, telephone, e-mail, or facsimile notice to governing board members. Four members of the governing board shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action taken by the governing board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote and otherwise act in matters which come before that meeting. The governing board may establish such additional rules and procedures as it deems appropriate for conducting its business from time to time. These rules and procedures may be established in bylaws or in such other form as the governing board deems appropriate.
(e) Members of the governing board shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this part in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed.

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(f) The governing board shall prepare and submit annually to the Governor and the General Assembly a report detailing its activities and operations for the prior year, to include but not be limited to information as to the number of applications received, the identities of the applicants, the identities of those applicants awarded funding, and the respective award amounts.
50-5-197.
On and after March 20, 1992, the Department of Administrative Services The Georgia Technology Authority shall be sole administrator of the Universal Service Fund, with full power and authority to distribute funds pursuant to the funding awards of the governing board and to otherwise administer the fund for and in accordance with the purposes of this part. The commissioner of the Department of Administrative Services shall reinvest the fund in the same manner as other funds under his control.
50-5-198.
(a) Schools desiring to become a part of the state-wide distance learning network shall make application to the governing board, which application shall contain:
(1) A statement of need; and
(2) A description of the proposed distance learning system for that school, which shall include projected equipment needs, projected network or transport needs, planned curriculum, the number of students having access to the system, and all other associated needs, with an itemized cost statement for each element of the proposed system.
(b) Upon receipt of the application described in subsection (a) of this Code section, the governing board shall consider the application of the school and the cost statements attendant thereto and shall make a determination regarding the merits of the application.
(c) In considering the merits of the application, the governing board shall consider:
(1) The number of students to be served by the proposed system;
(2) The geographic location of the applicant and whether the granting of the application would contribute to the creation of a state-wide network;
(3) Whether the proposed curriculum meets a special need;
(4) The relative costs of the proposal in relationship to the relative benefit to the public interest; and
(5) Whether the system as proposed is technologically compatible with the preexisting distance learning network.
(d) Upon a determination that the application is meritorious, the governing board shall issue a finding that it will award funds sufficient to cover documented actual costs of construction of the system to the applicant from the Universal Service Fund. The actual award of funds will occur upon completion of construction. Such documented actual costs may not include any capability not used for distance learning, and to the extent that facilities are used for distance learning as well as for other uses the documented actual costs will be prorated accordingly. Documentation of actual costs, which may include but shall not be limited to an affidavit of expenditures accompanied by supporting data, will be submitted to the Department of Administrative Services Georgia Technology Authority upon completion of construction for determination of the specific amount to be awarded.
(e) In addition to the award of actual costs described in subsection (d) of this Code section, the governing board may award sufficient funds to the applicant to cover 50 percent of documented recurring costs for a period of two years.
(f) The Department of Administrative Services Georgia Technology Authority, as administrator of the Universal Service Fund, shall make distributions from the fund in accordance with the awards of the governing board under this part.

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50-5-199.
(a) Medical facilities desiring to become a part of the state-wide telemedicine network shall make application to the governing board, which application shall contain:
(1) A statement of need; and
(2) A description of the proposed telemedicine system for that medical facility which shall include projected equipment needs, projected network or transport needs, planned uses and capabilities, the number of patients having access to the system, and all other associated needs, with an itemized cost statement for each element of the proposed system.
(b) Upon receipt of the application described in subsection (a) of this Code section, the governing board shall consider the application of the medical facility and the cost statements attendant thereto and shall make a determination regarding the merits of the application.
(c) In considering the merits of the application, the governing board shall consider:
(1) The number of patients to be served by the proposed system;
(2) The geographic location of the applicant and whether the granting of the application would contribute to the creation of a state-wide network;
(3) Whether the proposed capability meets a special need;
(4) The relative costs of the proposal in relationship to the relative benefit to the public interest; and
(5) Whether the system as proposed is technologically compatible with the preexisting telemedicine network.
(d) Upon a determination that the application is meritorious, the governing board shall issue a finding that it will award funds sufficient to cover documented actual costs of construction of the system to the applicant from the Universal Service Fund. The actual award of funds will occur upon completion of construction. Such documented actual costs may not include any capability not used for telemedicine, and to the extent that facilities are used for telemedicine as well as for other uses the documented actual costs will be prorated accordingly. Documentation of actual costs, which may include but shall not be limited to an affidavit of expenditures accompanied by supporting data, will be submitted to the Department of Administrative Services Georgia Technology Authority upon completion of construction for determination of the specific amount to be awarded.
(e) In addition to the award of actual costs described in subsection (d) of this Code section, the governing board may award sufficient funds to the applicant to cover 50 percent of documented recurring costs for a period of two years.
(f) The Department of Administrative Services Georgia Technology Authority, as administrator of the Universal Service Fund, shall make distributions from the fund in accordance with the awards of the governing board under this part.
50-5-200.
(a) Except as further provided in subsection (b) of this Code section, all funds remaining in the Universal Service Fund as of March 20, 1992, which are not used for qualifying hardship assistance filings shall be used solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided under this part. Qualifying hardship assistance filings are those hardship assistance filings approved by the Public Service Commission pursuant to Public Service Commission Docket No. 3921-U before March 20, 1992, which result in payments to the successful applicant for a period not to exceed two years from the date of filing.

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(b) For a period of three years after March 20, 1992, an amount not to exceed $23 million may be used from the Universal Service Fund for the purpose of offsetting transitional expenses and costs associated with the 16 mile calling radius as permitted under subsection (g) of Code Section 46-2-25.2. The Department of Administrative Services Georgia Technology Authority, as sole administrator of the Universal Service Fund, is authorized to make disbursements from the Universal Service Fund for such purposes upon proper certification of same by the Public Service Commission. Any portion of the $23 million not so disbursed by the Department of Administrative Services Georgia Technology Authority for said purposes within three years after March 20, 1992, shall become available solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided for in this part.
50-5-201.
Any applicant receiving funds awarded by the governing board under this part must use the funds solely for the approved purpose of payment for construction, equipment, transport, recurring costs, and all other costs of establishing the system to the Department of Administrative Services Georgia Technology Authority who provided goods and services used in establishing the system. Any funds not being used for the approved purpose must be returned to the Universal Service Fund.
50-5-202.
The commissioner of the Department of Administrative Services Georgia Technology Authority may provide a means whereby private nonprofit schools and medical facilities may utilize and participate in the state-wide distance learning and telemedicine network upon such terms and under such conditions as the commissioner authority may establish; provided, however, such private nonprofit schools and medical facilities must bear the cost of such utilization and participation."
SECTION 8.
Said title is further amended in Chapter 25, relating to the GeorgiaNet Authority, by striking Code Section 50-25-1, relating to the establishment of the GeorgiaNet Authority, which reads as follows:
"50-25-1.
(a) There is established the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions.
(b) As used in this chapter, the term:
(1) 'Authority' means the GeorgiaNet Authority.
(2) 'File' means a group of data consisting of a collection of related records which concern one or more functions of a state department, agency, board, bureau, commission, or authority, and which is treated as a single unit in an electronic data processing system.
(3) 'Record' means a group of related fields of data used to electronically store data about a subject, such as an employee, customer, vendor, or other individual, or a transaction.
(c) The purpose of the authority shall be the centralized marketing, provision, sale, and leasing, or executing license agreements for access on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors:
(1) The public interest in providing ready access to public state information for individuals, businesses, and other entities;

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(2) The public interest in providing ready access to state information for other governmental entities, so as to better enable such other governmental entities to carry out their public purposes;
(3) Fair and adequate compensation to the state for costs incurred in generating, maintaining, and providing access to state information;
(4) Cost savings to the state through efficiency in the provision of public information;
(5) The avoidance of unfair competition with private enterprises engaged in the commercial provision of electronic data equipment, supplies, products, and services; and
(6) Such other factors as are in the public interest of the state and will promote the public health and welfare.",
and inserting in lieu thereof the following:
"50-25-1.
(a) There is established the Georgia Technology Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. The Georgia Technology Authority shall be the successor in interest to the public corporation created by Ga. L. 1990, p. 1566, as amended from time to time thereafter, and known as the 'GeorgiaNet Authority,' and all rights, powers, and duties of that public corporation shall be vested in the Georgia Technology Authority, subject, however, to all debts, obligations, liabilities, and duties incurred by that public corporation.
(b) As used in this chapter, the term:
(1) 'Agency' means state agencies, authorities, boards, and commissions.
(2) 'Authority' means the Georgia Technology Authority as established in this chapter.
(3) 'Board' means the board of directors for the Georgia Technology Authority.
(4) 'Chairperson' means the chairperson of the Georgia Technology Authority.
(5) 'Chief information officer' means the chief information officer of the State of Georgia provided for by Code Section 50-25-5.1.
(6) 'File' means a group of data consisting of a collection of related records which concern one or more functions of an agency and which is treated as a single unit in an electronic data processing system.
(7) 'GeorgiaNet Division' means the former GeorgiaNet Authority.
(8) 'Local government' means any county, city, or consolidated government in this state.
(9) 'Private sector' means any nongovernment, privately owned entity in this state.
(10) 'Public safety radio services' means all radio services of state, county, or municipal governments, as defined in Part 89 of the Rules and Regulations of the Federal Communications Commission.
(11) 'Record' means a group of related fields of data used to electronically store data about a subject, such as an employee, customer, vendor, or other entity, or a transaction.
(12) 'Technology' or 'technology resources' means hardware, software, and communications equipment, including, but not limited to, personal computers, mainframes, wide and local area networks, servers, mobile or portable computers, peripheral equipment, telephones, public safety radio services, facsimile machines, technology facilities including but not limited to, data centers, dedicated training facilities, and switching facilities, and other relevant

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hardware and software items as well as personnel tasked with the planning, implementation, and support of technology.
(13) 'Technology enterprise management' means methods for managing technology resources for all agencies, considering the priorities of state planners, with an emphasis on making communications and sharing of data among agencies feasible and ensuring opportunities of greater access to state services by the public.
(14) 'Technology policy' means processes, methods, and procedures for managing technology, technology resources, and technology procurement.
(15) 'Technology portfolio management' means an approach for analyzing and ranking potential technology investments based upon state priorities and a cost benefit analysis to include, but not be limited to, calculated savings, direct and indirect, and revenue generation related to technology expenditures and selecting the most costeffective investments. The minimization of total ownership costs, i.e. purchase, operation, maintenance, and disposal, of technology resources from acquisition through retirement while maximizing benefits is to be emphasized.
(c) The purpose of the authority shall be to provide for procurement of technology resources, technology enterprise management, and technology portfolio management as defined in this chapter, as well as the centralized marketing, provision, sale, and leasing, or execution of license agreements for access on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors:
(1) The public interest in providing ready access to public state information for individuals, businesses, and other entities;
(2) The public interest in providing ready access to state information for other governmental entities, so as to enhance the ability of such other governmental entities to carry out their public purposes;
(3) Fair and adequate compensation to the state for costs incurred in generating, maintaining, and providing access to state information;
(4) Cost savings to the state through efficiency in the provision of public information; and
(5) Such other factors as are in the public interest of the state and will promote the public health and welfare.
(d) The authority shall assist political subdivisions and other entities created by the Constitution or laws of this state by setting forth policy initiatives for guidance in the use of technology to improve services, reduce costs, encourage technological compatibility, and promote economic development throughout the state.
(e) Services related to the marketing, provision, sale, and leasing or licensing of public information as provided in subsection (c) of this Code section shall continue to be marketed under the service mark of GeorgiaNet."
SECTION 9.
Said title is further amended by striking in its entirety Code Section 50-25-2, relating to the authority membership, and inserting in lieu thereof the following:
"50-25-2.
(a) The authority shall consist of five members as follows: one member appointed by the Lieutenant Governor; one member appointed by the Speaker of the House of Representatives; and three members appointed by the Governor who shall be knowledgeable with respect to the data processing operations and needs of political subdivisions of this state. The authority shall consist of nine members as follows: one member appointed by the Lieutenant Governor; one member appointed by the Speaker of the House of Representatives; and seven members appointed by the Governor. All members shall be individuals employed in the private sector who shall have experience in technology

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issues concerning large public or private organizations or entities. The initial membership of the authority shall consist of three members, one appointed by the Lieutenant Governor, one appointed by the Speaker, and one appointed by the Governor, to serve a term of one year, three members appointed by the Governor to serve a term of two years, and three members appointed by the Governor to serve a term of three years. The terms of all succeeding members shall be for three years. The Governor shall designate a member of the authority as chairperson. The authority may elect a vice chairperson and a secretary and any other officers deemed appropriate.
(b) Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except as specifically provided in this subsection, members of the authority shall receive no compensation for their services.
(c) Two Five members of the authority shall constitute a quorum; and the affirmative votes of two four members of the authority shall be required for any action to be taken by the authority.
(d) The board may, in its discretion, appoint an executive director as the administrative head of the authority and shall set his or her salary. Such salary shall not exceed the salary of the commissioner of administrative services. Unless the board appoints an executive director, the commissioner of administrative services shall serve as the executive officer and director and administrative head of the authority. If the commissioner of administrative services serves as the executive officer and director and administrative head of the authority, the commissioner of administrative services may appoint a person as assistant commissioner and delegate such of his or her powers and duties to such assistant commissioner as he or she desires. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications, 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. The executive director and other employees of the authority shall be considered state employees in the unclassified service of the State Merit System of Personnel Administration for the purposes of benefits administered by the merit system and for retirement purposes. Any officer or employee of the authority who is already a member of the merit system by virtue of services with another employer shall be entitled to credit for his or her services and shall not suffer any loss of such credit to which he or she is otherwise entitled. There shall be paid from the funds appropriated or otherwise available for the operation of the GeorgiaNet Authority all employer's contributions required under this chapter. There shall be an executive director of the authority to be titled the chief information officer and to be selected in the manner and to have the powers and duties set forth in Code Section 50-25-5.1.
(e) The GeorgiaNet Division of the Georgia Technology Authority shall be responsible, on such terms and conditions as may be determined to be in the best interest of the state, for:
(1) The centralized marketing, sale, leasing, or licensing, for access on line or in volume, of public information maintained by any agency in electronic format; and
(2) The coordination of electronic commerce applications, Internet websites, and other public electronic government services for agencies.
(e)(f) The authority may make rules and regulations for its own government.
(f)(g) The authority shall have perpetual existence."
SECTION 10.
Said title is further amended by striking Code Section 50-25-3, relating to the administration of the authority, and inserting in lieu thereof the following:
"50-25-3.

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(a) The authority shall be assigned for administrative purposes to the Department of Administrative Services Office of Planning and Budget, as provided for in Code Section 50-4-3.
(b) The Attorney General shall provide legal services for the authority, in the same manner provided for in Code Sections 45-15-13 through 45-15-16."
SECTION 11.
Said title is further amended by striking in its entirety Code Section 50-25-4, relating to the general powers of the authority, and inserting in lieu thereof the following:
"50-25-4.
(a) The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure;
(2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created;
(3) 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 furtherance of the public purpose of the authority;
(4) 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 instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(5) To contract with state agencies or any local government for the use by the authority of any property, 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;
(6) To fix and collect fees and charges for data, media, and incidental services furnished by it to any private individual or entity;
(7) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds;
(8) To establish standards for agencies to submit information technology plans to the authority. Standards shall include without limitation content, format, and frequency of submission;
(9) To provide and approve a technology plan to include strategic planning and direction for technology acquisition, deployment development, and obsolescence management as well as a communications plan to manage costs for voice, video, data, and messaging services for all agencies. The state technology plan shall incorporate plans from agencies and other sources;
(10) To set technology policy for the executive branch of state government, including all agencies;
(11) To prescribe procedures for the procurement of technology resources for agencies;
(12) To review and approve technology budget requests for all agencies using procedures as defined by the board for technology portfolio management;

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(13) To provide oversight and program management for all technology resources to accomplish goals of technology portfolio management;
(14) To require agencies to submit periodic reports at such frequency and with such content as the board shall define;
(15) To prepare fiscal impact statements relating to necessary modifications and development of technology to support policies required by proposed legislation;
(16) To establish architecture for state technology infrastructure to promote efficient use of resources and to promote economic development;
(17) To provide processes and systems for timely and fiscally prudent management of the state's financial resources to include, without limitation, cash management;
(18) To establish advisory committees from time to time, including, without limitation, a standing advisory committee composed of representatives from agencies which shall make recommendations to the authority concerning such matters as policies, standards, and architecture;
(19) To coordinate with the legislative and judicial branches of government and the Board of Regents of the University System of Georgia, regarding technology policy;
(20) To coordinate with local and federal governments to achieve the goals of the authority;
(21) To identify and pursue alternative funding approaches;
(22) To establish technology security standards and services to be used by all agencies;
(23) To conduct technology audits of all agencies;
(24) To facilitate and encourage the conduct of business on the Internet;
(25) To expand and establish policies necessary to ensure the legal authority and integrity of electronic documents;
(26) To provide and approve as part of the state technology plan an implementation plan and subsequent policies and goals designed to increase the use of telecommuting among state employees;
(27) To create a center for innovation to create applications of technology that will yield positive, measurable benefits to the state;
(28) To establish benchmarks for contracts requiring approval by the board;
(29) To canvass all sources of supply and to contract for the lease, rental, purchase, or other acquisition of all technology resource related supplies, materials, services, and equipment required by the state government or any of its agencies under competitive bidding or to authorize any agency to purchase or contract for technology;
(30) To establish and enforce standard specifications which shall apply to all technology and technology resource related supplies, materials, and equipment purchased or to be purchased for the use of the state government for any of its agencies;
(31) To establish processes, specifications, and standards for procurement, which shall apply to all technology to be purchased, licensed, or leased by any agency;
(8)(32) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and

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(9)(33) To do all things necessary or convenient to carry out the powers conferred by this chapter.
(b) The authority shall transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority.
(c) The authority shall appoint the director of the GeorgiaNet Division of the authority and establish the compensation for such director."
SECTION 12.
Said title is further amended by inserting after Code Section 50-25-5 a new Code Section 50-25-5.1 to read as follows:
"50-25-5.1.
(a) There is created the position of the chief information officer for the State of Georgia who shall be both appointed and removed by a vote of a majority of the full membership to which the authority is entitled. The authority shall determine the compensation of the chief information officer. The chief information officer shall serve as the executive director of the authority.
(b) Subject to the general policy established by the authority, the chief information officer shall have the following powers and duties in addition to those otherwise enumerated in this chapter:
(1) To supervise, direct, account for, organize, plan, administer, and execute the functions required of the chief information officer by the authority;
(2) To provide assistance to agency heads in evaluating information officer performance for each agency and in selection of candidates for such positions;
(3) To establish performance management standards, approved by the board regarding success of projects, agency technology performance, and authority performance;
4) To submit an annual and a three-year technology plan, updated annually, and an annual budget for approval and adoption by the board;
(5) To review periodic reports submitted by agencies;
(6) To hire officers, agents, and employees, prescribe their duties and qualifications, 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. The executive director and other employees of the authority shall be considered state employees in the unclassified service of the State Merit System of Personnel Administration for the purposes of benefits administered by the merit system and for retirement purposes. Any officer or employee of the authority who is already a member of the Employees' Retirement System of Georgia by virtue of services with another employer shall be entitled to credit for his or her services and shall not suffer any loss of such credit to which he or she is otherwise entitled. There shall be paid from the funds appropriated or otherwise available for the operation of the Georgia Technology Authority all employer's contributions required under this chapter;
(7) To contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of attorneys, accountants, systems engineers, consultants, and advisers, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits; and
(8) To perform such other duties as the authority may direct from time to time."

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SECTION 13.
Said title is further amended by inserting after Code Section 50-25-7 new Code Sections 50-25-7.1, 50-25-7.2, 5025-7.3, 50-25-7.4, 50-25-7.5, and 50-25-7.6 to read as follows:
"50-25-7.1.
(a) The authority is authorized and directed to establish a technology empowerment fund to be administered by the authority. The fund shall consist of such moneys appropriated or otherwise available to the authority as the board may determine from time to time to deposit therein. Subject to the appropriations process, the decision-making and priority-setting responsibilities for allocating these funds are vested in the chief information officer and the director of the Office of Planning and Budget.
(b) The chief information officer is authorized to identify and select individual projects, initiatives, and systems to improve service delivery to be funded through the technology empowerment fund. Such projects shall demonstrate, to the satisfaction of the chief information officer, reduced costs through the use of technology. In identification and selection of such projects, initiatives, and systems, the chief information officer shall give priority to those which provide demonstrable cost savings and improved service delivery on a recurring basis through the employment of technology and training. Eligible projects, initiatives, and systems to receive disbursements from the technology empowerment fund may be selected from agency budget requests. Quarterly reports of the operations of the technology empowerment fund shall be required to be made to the board, the Office of Planning and Budget, and the Legislative Budget Office to ensure proper oversight and accountability.
(c) Each project or initiative developed and supported from the technology empowerment fund shall employ technology that is compatible with the architecture and standards established by the authority and shall be accounted for by a discrete account established for the individual project or initiative item in the operating budget and capital budget.
(d) A steering committee composed of the chairperson of the House Appropriations Committee or his or her designee from among the membership of the committee, the chairperson of the Senate Appropriations Committee or his or her designee from among the membership of the committee, the director of the Office of Planning and Budget, the legislative budget analyst, the state auditor, and a representative from the Governor's office shall advise and consult with the chief information officer regarding initiatives to receive funding from the technology empowerment fund and shall receive quarterly reports from the chief information officer as to the status of funded projects.
50-25-7.2.
All agencies shall contract through the authority for any technology resources of such agency. The authority shall be authorized to act as the agent of any agency for such purposes.
50-25-7.3.
(a) No officer, employee, or member of the authority shall receive, directly or indirectly, any money, rebate, gift or anything of value whatsoever or any promise, contract, commitment or obligation for future reward or compensation from any person, firm, or corporation doing business with the authority or any agency or in connection with any contract of the authority or any agency.
(b) Every bid on any contract negotiated by the authority pursuant to the provisions of Code Section 50-25-7.2 shall be submitted without collusion with any other bidder.
(c) Every bid submitted pursuant to subsection (b) of this Code section shall be accompanied by a verification of compliance with such subsection.
(d) A violation of subsection (a) of this Code section shall result in dismissal or removal of such officer, employee, or member and shall additionally be punished as a misdemeanor. A violation of subsection (b) of this Code section by a bidder shall be punished as a felony.

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50-25-7.4.
The executive director shall submit to the director of the Office of Planning and Budget and the state auditor on a quarterly basis a report of all activity regarding technology and technology resources for each agency and the authority. The report shall accurately represent all financial details including current cash balances, line item detail on expenditures including systems development, personal services, and equipment from the previous quarter and anticipated expenditures for the upcoming quarter, projected year-end balance, depreciated value of capital equipment, and balances of reserve funds established for capital equipment, as well as a status report on personnel position changes including new technology related positions created and existing technology related positions eliminated. The authority spending reports shall comply with the state accounting system object codes.
50-25-7.5.
The Governor shall have the authority to transfer the technology resources as provided in this chapter of all state agencies to the authority. This Code section shall be implemented by executive order of the Governor, and the Governor shall have the authority to implement this Code section in whole or in part, in phases or stages, or in any manner or sequence which he or she may deem appropriate. In making such transfer, the Governor shall consult with the head of the agency affected and shall assure that the transfer shall not interrupt such agency's services.
50-25-7.6.
The authority, the Office of Planning and Budget, and the state auditor shall jointly develop a system for budgeting and accounting of expenditures for technology resources. This system must integrate seamlessly with the technology portfolio management system. Annual reports regarding technology shall be coordinated by the authority with the Office of Planning and Budget and the state auditor and submitted to the Governor, General Assembly, and the board on or before October 1 of each year. The authority may adopt an accrual method of accounting."
SECTION 14.
Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995," is amended by striking in their entirety Code Sections 50-29-1 through 50-29-11, which read as follows:
"50-29-1.
This chapter shall be known and may be cited as the 'Information Technology Policy Act of 1995.'
50-29-2.
(a) The General Assembly finds and declares that information technology is a critically important resource to successful, competitive business organizations and to service oriented government agencies in Georgia.
(b) It is the intent of the General Assembly that state government become more service oriented to the general public and to organizations within the private sector. It is the further intention of the General Assembly that state government should expand its use of technology and identify ways in which technology can improve the delivery of services to the public. Such improvements are to include, but are not to be limited to:
(1) The elimination of paper records, insofar as possible, in order to increase government efficiency;
(2) The provision of a simplified and more efficient manner for filing paper or electronic documents in order to make such requirements less burdensome for citizens;
(3) The ability for all citizens to have easy electronic access to public data, within necessary security restrictions;
(4) The ability to submit payments and receive refunds electronically in order to facilitate such activities for citizens;

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(5) The ability for all state agencies to have access to and exchange state information freely and easily, within necessary security restrictions, in order to reduce redundancy and to increase agency efficiency;
(6) The ability to be flexible and adaptable in order to avoid obsolescence and provide maximum benefits to all citizens; and
(7) Other improvements as appropriate.
(c) It is the further intent of the General Assembly that:
(1) State government provide the leadership needed to maximize the application of information technology as a means for promoting economic development across the state and thereby improve the quality of life for all Georgians;
(2) State agencies should maximize efficiency and resources and avoid duplication in the implementation of information technology. To achieve this efficiency, there should be coordination of efforts, when similar client populations are affected, in the development or installation, or both, of information technology based services. The coordination of such activities should occur among divisions of an agency, among agencies, and across jurisdictions as appropriate; and
(3) The Georgia Information Technology Policy Council shall develop and implement plans, policies, and standards to effectuate the legislative intent described in this Code section. The general approach of such council in carrying out its mission shall be to develop a strategic plan addressing these state level needs and purposes. Any further policies, standards, and other actions necessary to achieve the objectives in the approved plan shall be implemented by such council.
50-29-3.
As used in this chapter, the term:
(1) 'Agency' means state agencies, authorities, boards, and commissions.
(2) 'Chairperson' means the chairperson of the Georgia Information Technology Policy Council.
(3) 'Chief information officer' means the chief information officer of the Georgia Information Technology Policy Council.
(4) 'Council' means the Georgia Information Technology Policy Council.
(5) 'Local government' means any county, city, or consolidated government in this state.
(6) 'Private sector' means any nongovernment, privately owned entity in this state.
50-29-4.
(a)(1) The Georgia Information Technology Policy Council is created.
(2) The council shall be composed of 18 members. Nine of the members shall represent state agencies, two shall represent local governments, and seven shall represent the private sector.
(3) The nine members representing state agencies shall be as follows:
(A) The commissioner of administrative services, or such commissioner's designee;
(B) The director of the Office of Planning and Budget, or such director's designee;

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(C) The chancellor of the University System of Georgia, or such chancellor's designee;
(D) The State School Superintendent, or such superintendent's designee;
(E) The executive director of the Georgia Public Telecommunications Commission, or such executive director's designee;
(F) The state auditor, or such auditor's designee;
(G) The commissioner of transportation, or such commissioner's designee;
(H) The commissioner of technical and adult education, or such commissioner's designee; and
(I) The commissioner of community affairs, or such commissioner's designee.
(4) The two members representing local governments shall be appointed by the Governor. The Governor shall designate the initial terms of the members of the council from local governments as follows: one member shall be appointed for a term of two years, expiring June 30, 1997; and one member shall be appointed for a term of three years, expiring June 30, 1998. Thereafter, all successors shall be appointed for a term of three years and until such person's successor is appointed and qualified.
(5) The seven members representing the private sector shall be appointed by the Governor. The Governor shall designate the initial terms of the members of the council from the private sector as follows: two members shall be appointed for a term of one year, expiring June 30, 1996; two members shall be appointed for a term of two years, expiring June 30, 1997; and three members shall be appointed for a term of three years, expiring June 30, 1998. Thereafter, all successors shall be appointed for a term of three years and until such person's successor is appointed and qualified.
(b) Vacancies on the council shall be filled as follows:
(1) For appointees representing state agencies, any vacancy shall be filled by the successor to the position which becomes vacant;
(2) For appointees representing local governments, vacancies shall be filled by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term;
(3) For appointees representing the private sector, vacancies shall be filled by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term.
(c) The Governor shall appoint a chairperson from the private sector membership of the council, and said appointee shall be the presiding officer of the council.
(d) The council may elect a vice chairperson and a secretary and any other officers deemed appropriate.
50-29-5.
(a) Meetings of the council shall be held at the call of the chairperson or upon the request of a majority of the councilmembers. Meetings may be held in person, by telephone, or by any other electronic means at the option of the council.
(b) Nine members of the council shall constitute a quorum; and the affirmative votes of a majority of the members present at a meeting shall be required for any action to be taken by the council but shall not be less than a majority of those authorized to be appointed to the council.

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(c) Each member of the council who is not otherwise a state officer or employee is authorized to receive an expense allowance and reimbursement from funds of the council in the same manner as provided for in Code Section 45-721. Each member of the council who is otherwise a state officer or employee shall be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the council. Except as specifically provided in this subsection, members of the council shall receive no compensation for their services.
50-29-6.
The council shall have the following powers and duties:
(1) Provide strategic planning and direction for information technology deployment and development;
(2) Set information technology policy for the executive branch of state government including all state agencies, the board of regents, and all authorities;
(3) Formulate and promulgate standards which promote an open architecture of computer systems and technology systems and facilitate the communication of information and data among public sector agencies and jurisdictions, private sector organizations, and the general public. Such standards shall be compatible with national and international computer and technology standards;
(4) Establish private and public sector advisory committees to explore opportunities of shared infrastructure and data and for other purposes. Such committees shall include a standing state agency advisory committee composed of representatives from agencies in all branches of state government;
(5) Coordinate with the legislative and judicial branches of state government;
(6) Coordinate with local and federal governments;
(7) Identify alternative funding approaches;
(8) Review the issue of ownership versus custodianship of information within state government and recommend legislation as needed to address this issue;
(9) Make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the council or to further the public purpose of the council; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(10) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of personal property of every kind and character or any interest therein, in furtherance of the public purpose of the council; provided, however, all such acquisitions, purchases, leases, or disposal of personal property shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(11) Apply for and accept any gifts or grants or loan guarantee 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 instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(12) Contract with private sector organizations for goods and services; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(13) Contract with state agencies or any local government for the use by the council of any property, 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 council; and such state agencies and local governments are authorized

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to enter into such contracts; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(14) Coordinate with other state agencies and authorities to establish policies concerning access to information and to establish fees and charges for data, media, and incidental services;
(14.1) Investigate and recommend a public key infrastructure policy which shall consist of a state sanctioned method of ensuring the legal authority and integrity of electronic documents; and
(15) Do all things necessary or convenient to carry out the powers conferred by this chapter.
50-29-7.
(a) There is created the position of chief information officer who shall be both appointed and removed by the council. The council shall set the salary for the chief information officer.
(b) Subject to the general policy established by the council, the chief information officer shall have the following powers and duties:
(1) To supervise, direct, account for, organize, plan, administer, and execute the functions required of the chief information officer by the council;
(2) To employ such other professional, technical, and clerical personnel as the chief information officer may deem necessary to carry out the duties prescribed as funds are made specifically available by the council.
(c) All employees of the chief information officer shall be in the unclassified service of the state merit system.
(d) The chief information officer shall work cooperatively and collaboratively with other state agencies to minimize such chief information officer's permanent staffing needs.
50-29-8.
The council shall be attached for administrative purposes only to the Office of Planning and Budget.
50-29-9.
(a) By September 1, 1995, in cooperation and coordination with state agencies, authorities, the Board of Regents of the University System of Georgia, the state judiciary, and the General Assembly, the council shall develop a state strategic plan for information technology deployment and development. This plan shall be updated annually and shall cover a five-year period. The state strategic plan shall contain a description of the future direction for information technology; a statement of the mission of state government in regards to information technology; a description of the current and anticipated future needs being addressed by such future direction and mission; a description of planned actions designed to address these needs, including an implementation timetable; a description of the evaluation system to be used to determine if the needs are being attained; an estimated annual cost for each planned action; and any other item the council deems necessary.
(b) By September 1, 1995, and each September 1 thereafter, each state agency, authority, the Board of Regents of the University System, the General Assembly, and the state judiciary shall submit to the council, concurrent with the submission of their official budget requests to the Office of Planning and Budget, the Legislative Budget Office, and the chairperson and vice chairperson of the Budgetary Responsibility Oversight Committee a copy of those elements of their continuation and improvement budget requests that detail their information technology needs. The information technology continuation budget component shall contain a detailed analysis of the current information technology systems and the costs associated with such systems. The information technology improvement component shall contain a detailed analysis of each improvement item, including information regarding how this request corresponds to the agency strategic plan and the state information technology strategic plan.

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(c) By November 1, 1995, and each November 1 thereafter, the council shall issue a report to the Office of Planning and Budget, the Legislative Budget Office, and the chairperson and vice chairperson of the Budgetary Responsibility Oversight Committee. This report shall include specific recommendations concerning each agency information technology budget request as to whether funding would be appropriate in regard to the state strategic plan and whether such request coordinates with and complements other agency budget requests. 50-29-10. The Attorney General shall provide legal services for the council in the same manner provided for in Code Sections 45-15-13 through 45-15-16. 50-29-11. All state agencies, authorities, commissions, and boards are authorized and directed to provide assistance to the council, as requested, in the performance of the duties of the council.", and inserting in lieu thereof the following: "50-29-1. Reserved. 50-29-2. Reserved. 50-29-3. Reserved. 50-29-4. Reserved. 50-29-5. Reserved. 50-29-6. Reserved. 50-29-7. Reserved. 50-29-8. Reserved. 50-29-9. Reserved. 50-29-10.

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Reserved.
50-29-11.
Reserved."
SECTION 15.
Code Section 50-29-12 of the Official Code of Georgia Annotated, relating to authorization for state agencies to establish pilot projects to serve as models for application of technology, is amended by striking said Code section and inserting in lieu thereof the following:
"50-29-12.
(a) The General Assembly desires to promote economic development and efficient delivery of government services by encouraging state governmental agencies and private sector entities to conduct their business and transactions using electronic media.
(b) All state agencies, authorities, and boards are authorized to establish pilot projects, which are to serve as models for the application of technology such as electronic signatures, through public and private partnerships with private companies providing such technology related services. Such pilot projects shall be approved by the Georgia Information Technology Policy Council Authority. Such projects shall consider both commercial and government applications, be inclusive of major categories of electronic signature technology, and be established through a request for proposal process. The pilot projects are intended to provide a proof of concept for the application of technology, such as electronic signatures, and to serve to educate the General Assembly and the public at large as to the benefits of electronic signatures as well as the role of state government in any future regulatory capacity. One such pilot project may involve digital signatures and the use of a public key infrastructure established by a service provider. Any private partner chosen for these pilot projects may establish user fees to pay for the cost of these services so that no state funds would be required.
(c) State agencies establishing pilot projects shall submit quarterly progress reports on such projects to the Georgia Information Technology Policy Council Authority, and the council authority shall then submit such reports to the Electronic Commerce Study Committee. The council authority shall monitor the success of such pilot projects and provide technical assistance to the extent that resources of the council authority are available.
(d) There is created the Electronic Commerce Study Committee to be composed of 13 members. The committee shall study the issues relating to electronic records and signatures. The President of the Senate shall appoint five members to the committee, three of whom shall be members of the Senate and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The Speaker of the House of Representatives shall appoint five members to the committee, three of whom shall be members of such House and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The members of the committee shall serve for terms of office beginning at the time of their appointment and expiring December 31 of each even-numbered year. Vacancies occurring on the committee shall be filled in the same manner as the original appointment to serve out the remaining unexpired term of office. The President of the Senate and Speaker of the House of Representatives shall also each designate from among their legislator appointees one cochair of the committee to serve as cochair during their terms of office as a member of the committee. The GeorgiaNet Division of the Georgia Technology Authority shall appoint one member to the committee. The Georgia Information Technology Policy Council Authority shall appoint one member to the committee. The Secretary of State shall appoint one member to the committee. The committee, upon the call of either cochair, is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties, and accomplish its objectives and purposes. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee. Private persons appointed to the committee shall also be reimbursed for expenses incurred by them in the performance of their duties as members of the committee from funds available to the Department of Administrative Services. The funds

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necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 15 of each year. The Electronic Commerce Study Committee created in this subsection shall be terminated on December 31, 2000 2002, and this subsection shall be repealed in its entirety on December 31, 2000 2002."
SECTION 16.
This Act shall become effective on July 1, 2000.
SECTION 17.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 0, nays 40, and the committee substitute was lost.
Senator Tanksley of the 32nd offered the following substitute to SB 465:
A BILL
To be entitled an Act to amend Code Section 28-3-24.1 of the Official Code of Georgia Annotated, relating to the public distribution of legislative information in electronic format, so as to establish the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the keeping of records of applications for licenses and information on licensees, so as to refer to the GeorgiaNet Division of the Georgia Technology Authority; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to establish the Georgia Technology Authority as the successor in interest to the GeorgiaNet Authority; to repeal certain provisions relating to the Electronic Data Processing-Printing Committee; to provide definitions; to provide for the membership and officers of the Georgia Technology Authority; to provide for an executive director of the authority; to provide for the powers of the authority; to provide for the establishment of a technology empowerment fund; to provide for competitive bid procedures; to provide for purchases without competitive bidding; to provide for emergency purchases; to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995," so as to repeal certain provisions relating to said Act; to change provisions relating to the Electronic Commerce Study Committee; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 28-3-24.1 of the Official Code of Georgia Annotated, relating to the public distribution of legislative information in electronic format, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) The Secretary of the Senate and the Clerk of the House of Representatives may provide legislative information in electronic format to the GeorgiaNet Division of the Georgia Technology Authority for purposes of public distribution as provided in Code Section 50-25-14. The information may be provided on at least a daily basis in the most current format available. The information provided may include at a minimum: available schedules and agenda for committee meetings; available bill and resolution status information; and full text of all available prefiled and introduced versions of bills and resolutions, including amendments and substitutes. The information provided may include such other matters as will in the determination of the Secretary and the Clerk contribute to the purposes of this Code section."
SECTION 2.

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Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the keeping of records of applications for licenses and information on licensees, is amended by striking subparagraph (c)(1)(F) and paragraph (1) of subsection (d) inserting in lieu thereof the following:
"(F) With the written release of the driver, to a rental car company for use in the normal course of its business; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. Such access shall be provided and funded through the GeorgiaNet Division of the Georgia Technology Authority, and the department shall bear no costs associated with such access; and"
"(d)(1) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Division of the Georgia Technology Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof."
SECTION 3.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Sections 50-510 and 50-5-11 by striking said Code sections in their entirety and inserting in lieu thereof the following:
"50-5-10.
(a)-There is created within the Department of Administrative Services the Electronic Data processing-Printing Committee. The committee shall consist of the commissioner of administrative services; the Commissioner of Agriculture; the commissioner of human resources; the state auditor; the commissioner of transportation; the Commissioner of Insurance; the state revenue commissioner; and the State School Superintendent.
(b)-The committee shall meet at least monthly at a regular time and place or as often as deemed necessary to perform its duties effectively and efficiently upon the call of the chairman or any three of the members.
(c)-The Governor shall have the authority to transfer the printing, duplication, reproduction, copying, electronic data processing, and electronic computer service functions of any board, department, or agency of state government to the Department of Administrative Services, except that electronic data processing equipment used exclusively for educational or research purposes by any agency under the jurisdiction of the Board of Regents of the University System of Georgia shall not be subject to these provisions. The commissioner of administrative services shall develop all policies necessary to provide electronic data processing and printing, copying, and duplicating services for all boards, departments, and agencies of state government.
(d)-The commissioner of administrative services shall adopt a plan on consolidation of printing operations, consisting of no more than eight separate facilities.
(e)-The Department of Labor is exempt from these provisions.
(f)-The committee shall hear and decide all appeals from any order of priority of all printing and data processing and shall establish policies to determine the order of priority of all printing and data processing work to be performed by the Department of Administrative Services and shall assure effective service. In a case of dispute between departments as to the order of priority, the committee shall have the authority to determine which department shall have priority. A quorum shall consist of four members.
Reserved.
50-5-11.

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Except as provided in subsection (e) of Code Section 50-5-10, the Governor shall have the authority to transfer the printing, duplication, reproduction, copying, electronic data processing, and electronic computer service functions of all state agencies to the Department of Administrative Services. This Code section shall be implemented by executive order of the Governor, and he shall have the authority to implement this Code section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transfer, the Governor shall consult with the head of the department affected and shall assure that the transfer shall not interrupt such department's services. If any department head objects to any transfer of services, he may appeal to the Electronic Data Processing-Printing Committee, and the committee shall make the final ruling as to whether or not the transfer of services shall be made.
Reserved."
SECTION 4.
Said title is further amended in Part 1 of Article 5 of Chapter 5, the "Telecommunications Consolidation Act of 1973," by striking in their entirety Code Sections 50-5-160 through 50-5-169 and inserting in lieu thereof the following:
"Part 1 Reserved
50-5-160.
This part shall be known and may be cited as the 'Telecommunications Consolidation Act of 1973.'
50-5-161.
As used in this part, the term 'telecommunication system' means any system for the transmission, emission, or reception of signs, signals, writings, images, sounds, or intelligence of any nature by wire, radio, optical, or other electromagnetic means, excepting systems, facilities, personnel, and technology for the purposes of educational radio and television or for the instruction of persons with disabilities.
50-5-162.
(a)-The consolidation of certain services into integrated, state-wide telecommunications systems will result in more effective and efficient services to state government.
(b)-It is the intention and purpose of the General Assembly that a state-wide telecommunications system be developed whereby maximum efficiency in the utilization of telecommunications services is achieved.
50-5-163.
The Department of Administrative Services is authorized and directed to develop a plan to consolidate applicable state government telecommunications services and systems into a consolidated, integrated, state-wide system and to implement the plan at the earliest possible time. The department shall be responsible for the management and administration of the consolidated state-wide system.
50-5-164.
Each user agency shall determine its particular telecommunication service requirements and the site at which such services shall be provided; and it shall be the duty of the Department of Administrative Services to provide the service as determined by each user agency. The commissioner of administrative services shall provide also for the consolidation, integration, coordination, and promotion of joint use of telecommunications facilities owned or used by state government and for the management of an efficient, economical, reliable, compatible, and coordinated statewide telecommunications system and shall take such actions as may be necessary and desirable to ensure the

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delivery of efficient, effective, and economical telecommunications services to user agencies of the consolidated system.
50-5-165.
The Department of Administrative Services is empowered to execute contracts with common carriers as needed for the purpose of developing, maintaining, coordinating, and implementing plans for effective communications in state government.
50-5-166.
(a)-The commissioner of administrative services shall develop a system or systems of equitable billings and charges to be made to the using agencies or entities for all joint-use telecommunications services, equipment, maintenance, operation, and other activities connected therewith. A telecommunications revolving account is established under the administration of the Department of Administrative Services for the purposes of this part, including, but not limited to, the purchase, lease, or other forms of acquisition of services, supplies, equipment, and the payment of all salaries, wages, or any other costs incidental to the provision and maintenance of a joint-use telecommunications system. In order to provide an adequate cash flow as may be necessary for the purposes of this part, using state agencies or other using entities, upon request of the Department of Administrative Services, shall make monthly payments into the telecommunications revolving account from funds appropriated for telecommunications services.
(b)-The commissioner of administrative services may provide a means whereby local governmental entities may utilize the state telecommunications systems upon such terms and under such conditions as the commissioner may establish; provided, however, that the local government entity must bear the cost of such use. The Department of Administrative Services may cooperate with other states or the federal government, or any agency thereof, with respect to organizing telecommunications systems in expediting and carrying out regional or wide-area telecommunications networks and may enter into any agreement necessary therefor.
50-5-167.
All agencies of state government are requested to cooperate with the Department of Administrative Services, for the purpose of implementing this part, by providing any information requested by the department. No department, board, authority, or other agency of state government other than the Department of Administrative Services shall perform the duties or exercise the powers of the department, except as provided in this part, unless the department delegates such duties or powers to another agency.
50-5-168.
In the event a state of emergency or disaster is declared, the Governor may direct the Department of Defense to assume control over all or part of the state-wide telecommunications system for the duration of the state of emergency or disaster.
50-5-169.
The Electronic Data Processing-Printing Committee created by Code Section 50-5-10 shall perform the same functions in regard to telecommunications as the committee performs in regard to electronic data processing and printing under Code Section 50-5-10."
SECTION 5.
Said title is further amended in Part 2 of Article 5 of Chapter 5, the "Public Safety Radio Services Act of 1975," by striking Code Section 50-5-180 through Code Section 50-5-186 and inserting in lieu thereof the following:
"Part 2 Reserved

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50-5-180.
This part shall be known and may be cited as the 'Public Safety Radio Services Act of 1975.'
50-5-181.
As used in this part, the term 'public safety radio services' means all radio services of state, county, or municipal governments, as defined in Part 89 of the Rules and Regulations of the Federal Communications Commission.
50-5-182.
(a)-There is only a limited number of radio channels available to provide state and local governments with public safety interest.
(b)-Radio channels for public services have been assigned by the block allocation method on a first-come, firstserved basis with little regard to sound system engineering practices so that some state and local government agencies operate inefficiently on very lightly loaded channels while other similar agencies must operate on severely overcrowded channels, experiencing severe cochannel interference and lack of proper range for adequate coverage.
(c)-State and local government agencies in the larger metropolitan areas possess an insufficient number of radio channels to serve the public and experience skips in coverage and other interference connected with overcrowding.
(d)-Existing radio communications systems of state and local government agencies fail to meet the need for rapid interagency communications in times of emergency.
(e)-State-wide radio communications planning will conserve the valuable and irreplaceable radio channel resource and will result in optimum public safety radio service for state and local government.
50-5-183.
The Department of Administrative Services is authorized and directed to develop a state-wide system of allocation of radio channels for public safety radio services and to implement the system at the earliest possible time. The Department of Administrative Services shall be responsible for conducting all radio frequency channel searches and for the processing of all public safety radio service license applications to the Federal Communications Commission for state, county, and municipal governments and shall have the power to approve or disapprove such applications for licenses consistent with the public interest. In developing such a system, the Department of Administrative Services shall divide the state into appropriate regions and shall develop a plan which shall include the following provisions:
(1)-A recommendations provision which shall state the public safety radio needs for each state agency, county, and municipality comprising the region;
(2)-An interagency communications provision which shall depict the communication interfaces between municipal, county, and state entities which operate within the region; and
(3)-A frequency allocation and use provision which shall include on an entity basis each assigned and planned radio channel and the type of operation (simplex, duplex, or half-duplex) on each channel.
50-5-184.
The Department of Administrative Services shall provide for the coordination and promotion of joint use of public safety radio services owned or used by state, county, and municipal governments, except those services owned or used by counties or municipal corporations having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, and shall also provide for the management and conservation of the public safety radio channel resource and shall take such actions as may be necessary to manage and protect

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public safety radio services and to ensure delivery of efficient, effective, and economical public safety radio services to state, county, and municipal governments.
50-5-185.
All agencies of state, county, and municipal governments are requested to cooperate with the Department of Administrative Services, for the purpose of implementing this part, by providing any information requested by the Department of Administrative Services. No department, board, authority, or any other agency of state, county, or municipal government shall perform the duties or exercise the powers of the department, except as provided in this part, unless the Department of Administrative Services delegates such duties or powers to another agency.
50-5-186.
An appeal board shall be established by this part, such board to consist of the commissioner of public safety, commissioner of natural resources, commissioner of transportation, commissioner of administrative services, director of the State Forestry Commission, president of the Association County Commissioners of Georgia, the president of the Georgia Municipal Association, or their appointed representatives. Any action or decision under this part by the Department of Administrative Services affecting any governmental agency or entity may be appealed to this board, which shall hear the facts and, upon adequate presentation, render a decision based thereon. The board's decision shall be binding upon all parties thereto. The commissioner of administrative services shall call the appeal board into session upon the written request for an appeal by any governmental agency or entity."
SECTION 6.
Said title is further amended in Part 3 of Article 5 of Chapter 5, the "Georgia Distance Learning and Telemedicine Act of 1992," by striking Code Sections 50-5-191 through 50-5-202 and inserting in lieu thereof the following:
"50-5-191.
(a) The General Assembly finds and declares that it is in the public interest to provide appropriate means for the continued development and enhancement of educational opportunities and medical care throughout the State of Georgia through the use of audio and video systems employing interactive technology. Systems which would make this concept a reality are technologically feasible, but they have not been constructed in Georgia. Such systems are in the public interest. If deployed state wide and linked with other networks on a national or international basis, they would permit students interactive access to a greater variety of instruction, thus enhancing educational quality throughout Georgia, and they would improve the delivery of medical care to all areas of Georgia.
(b) It is the intention and purpose of the General Assembly that a state-wide distance learning and telemedicine network be developed whereby educational quality throughout the state will be enhanced and delivery of medical care to all areas of the state will be improved. It is the further intention of the General Assembly that there be a method of funding the state-wide network from the Universal Service Fund through a newly created Distance Learning and Telemedicine Network Governing Board, and that the Department of Administrative Services Georgia Technology Authority be the sole administrator of the Universal Service Fund for such purposes.
50-5-192.
As used in this part, the term:
(1) 'Costs' means the reasonable and customary charges for goods and services incurred or to be incurred in the establishment of a state-wide distance learning and telemedicine network with the exception of charges from a transport provider, or network provider for the provision of equipment or facilities which are multiple use. The charges for such multiple use facilities must be prorated by the Department of Administrative Services Georgia Technology Authority.

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(2) 'Distance learning' means an interactive telecommunications system that utilizes audio, video, and other appropriate elements and is compatible with other distance learning networks and that is used for the purpose of enhancing instructional opportunities in Georgia schools.
(3) 'Governing board' means the Distance Learning and Telemedicine Network Governing Board.
(4) 'Medical facilities' means any fully licensed and accredited, publicly funded medical care providers that furnish either inpatient or outpatient services. Research facilities are specifically excluded.
(5) 'School' means any accredited public institution providing instruction at levels K-12 or any accredited public postsecondary institution.
(6) 'Telemedicine' means an interactive telecommunications system that utilizes audio, video, and other appropriate elements and is compatible with other telemedicine networks and that is used for the purpose of enhancing the delivery of medical care to medical facilities throughout Georgia.
(7) 'Universal Service Fund' means that fund which was created by the Public Service Commission in Public Service Commission Docket No. 3905-U and 3921-U, and which is also known as the Economic Development Fund.
50-5-193.
The Department of Administrative Services Georgia Technology Authority is authorized and directed to develop, as a part of the state-wide telecommunication system provided for in Part 1 of this article, a plan, which must be approved by the governing board, for a consolidated, integrated, state-wide shared use distance learning and telemedicine network and to implement same at the earliest possible time. The department authority shall be responsible for the management and administration of the consolidated state-wide network and shall provide all the distance learning and telemedicine service requirements of the schools and medical facilities whose applications are approved by the governing board.
50-5-194.
The provisions of Part 1 of this article, the 'Telecommunications Consolidation Act of 1973,' shall apply to this part.
Reserved.
50-5-195.
The Department of Administrative Services Georgia Technology Authority is authorized to withdraw funds from the Universal Service Fund for the purchase, lease, or other forms of acquisition of the common components, network facilities, and other commonly shared items of the state-wide distance learning and telemedicine network infrastructure and for the payment of all salaries, wages, or any other costs incidental to the planning and provision of the state-wide, shared use network as approved by the governing board.
50-5-196.
(a) There is established a Distance Learning and Telemedicine Network Governing Board.
(b) The governing board shall consist of nine members and shall be comprised of the following: the commissioner of administrative services executive director of the Georgia Technology Authority, the director of the Office of Planning and Budget, the State School Superintendent, the commissioner of technical and adult education, the executive director of the Georgia Public Telecommunications Commission, a member of the Public Service Commission to be appointed by the Governor, a member of the House of Representatives to be appointed by the Speaker of the House of Representatives, a member of the Senate to be appointed by the President of the Senate, and the Chancellor of the University System of Georgia, or their appointed representatives. The commissioner of administrative services executive director of the Georgia Technology Authority shall serve as the chairperson of the governing board. The governing board shall elect from its members such other officers as are considered necessary

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to serve terms of one year each; provided, however, no person shall hold the same office for more than two consecutive terms.
(c) It shall be the function of the governing board and the governing board shall have the power, duty, and authority to set policies, review applications, and award funding for the state-wide distance learning and telemedicine network in accordance with Code Sections 50-5-198 and 50-5-199.
(d) The governing board shall hold meetings as often as it determines to do so. The governing board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the governing board establishes another procedure, the chair chairperson or any four members of the governing board may call a special meeting upon adequate written, personal, telephone, e-mail, or facsimile notice to governing board members. Four members of the governing board shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action taken by the governing board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote and otherwise act in matters which come before that meeting. The governing board may establish such additional rules and procedures as it deems appropriate for conducting its business from time to time. These rules and procedures may be established in bylaws or in such other form as the governing board deems appropriate.
(e) Members of the governing board shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this part in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed.
(f) The governing board shall prepare and submit annually to the Governor and the General Assembly a report detailing its activities and operations for the prior year, to include but not be limited to information as to the number of applications received, the identities of the applicants, the identities of those applicants awarded funding, and the respective award amounts.
50-5-197.
On and after March 20, 1992, the Department of Administrative Services The Georgia Technology Authority shall be sole administrator of the Universal Service Fund, with full power and authority to distribute funds pursuant to the funding awards of the governing board and to otherwise administer the fund for and in accordance with the purposes of this part. The commissioner of the Department of Administrative Services shall reinvest the fund in the same manner as other funds under his control.
50-5-198.
(a) Schools desiring to become a part of the state-wide distance learning network shall make application to the governing board, which application shall contain:
(1) A statement of need; and
(2) A description of the proposed distance learning system for that school, which shall include projected equipment needs, projected network or transport needs, planned curriculum, the number of students having access to the system, and all other associated needs, with an itemized cost statement for each element of the proposed system.
(b) Upon receipt of the application described in subsection (a) of this Code section, the governing board shall consider the application of the school and the cost statements attendant thereto and shall make a determination regarding the merits of the application.
(c) In considering the merits of the application, the governing board shall consider:
(1) The number of students to be served by the proposed system;

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(2) The geographic location of the applicant and whether the granting of the application would contribute to the creation of a state-wide network;
(3) Whether the proposed curriculum meets a special need;
(4) The relative costs of the proposal in relationship to the relative benefit to the public interest; and
(5) Whether the system as proposed is technologically compatible with the preexisting distance learning network.
(d) Upon a determination that the application is meritorious, the governing board shall issue a finding that it will award funds sufficient to cover documented actual costs of construction of the system to the applicant from the Universal Service Fund. The actual award of funds will occur upon completion of construction. Such documented actual costs may not include any capability not used for distance learning, and to the extent that facilities are used for distance learning as well as for other uses the documented actual costs will be prorated accordingly. Documentation of actual costs, which may include but shall not be limited to an affidavit of expenditures accompanied by supporting data, will be submitted to the Department of Administrative Services Georgia Technology Authority upon completion of construction for determination of the specific amount to be awarded.
(e) In addition to the award of actual costs described in subsection (d) of this Code section, the governing board may award sufficient funds to the applicant to cover 50 percent of documented recurring costs for a period of two years.
(f) The Department of Administrative Services Georgia Technology Authority, as administrator of the Universal Service Fund, shall make distributions from the fund in accordance with the awards of the governing board under this part.
50-5-199.
(a) Medical facilities desiring to become a part of the state-wide telemedicine network shall make application to the governing board, which application shall contain:
(1) A statement of need; and
(2) A description of the proposed telemedicine system for that medical facility which shall include projected equipment needs, projected network or transport needs, planned uses and capabilities, the number of patients having access to the system, and all other associated needs, with an itemized cost statement for each element of the proposed system.
(b) Upon receipt of the application described in subsection (a) of this Code section, the governing board shall consider the application of the medical facility and the cost statements attendant thereto and shall make a determination regarding the merits of the application.
(c) In considering the merits of the application, the governing board shall consider:
(1) The number of patients to be served by the proposed system;
(2) The geographic location of the applicant and whether the granting of the application would contribute to the creation of a state-wide network;
(3) Whether the proposed capability meets a special need;
(4) The relative costs of the proposal in relationship to the relative benefit to the public interest; and
(5) Whether the system as proposed is technologically compatible with the preexisting telemedicine network.

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(d) Upon a determination that the application is meritorious, the governing board shall issue a finding that it will award funds sufficient to cover documented actual costs of construction of the system to the applicant from the Universal Service Fund. The actual award of funds will occur upon completion of construction. Such documented actual costs may not include any capability not used for telemedicine, and to the extent that facilities are used for telemedicine as well as for other uses the documented actual costs will be prorated accordingly. Documentation of actual costs, which may include but shall not be limited to an affidavit of expenditures accompanied by supporting data, will be submitted to the Department of Administrative Services Georgia Technology Authority upon completion of construction for determination of the specific amount to be awarded.
(e) In addition to the award of actual costs described in subsection (d) of this Code section, the governing board may award sufficient funds to the applicant to cover 50 percent of documented recurring costs for a period of two years.
(f) The Department of Administrative Services Georgia Technology Authority, as administrator of the Universal Service Fund, shall make distributions from the fund in accordance with the awards of the governing board under this part.
50-5-200.
(a) Except as further provided in subsection (b) of this Code section, all funds remaining in the Universal Service Fund as of March 20, 1992, which are not used for qualifying hardship assistance filings shall be used solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided under this part. Qualifying hardship assistance filings are those hardship assistance filings approved by the Public Service Commission pursuant to Public Service Commission Docket No. 3921-U before March 20, 1992, which result in payments to the successful applicant for a period not to exceed two years from the date of filing.
(b) For a period of three years after March 20, 1992, an amount not to exceed $23 million may be used from the Universal Service Fund for the purpose of offsetting transitional expenses and costs associated with the 16 mile calling radius as permitted under subsection (g) of Code Section 46-2-25.2. The Department of Administrative Services Georgia Technology Authority, as sole administrator of the Universal Service Fund, is authorized to make disbursements from the Universal Service Fund for such purposes upon proper certification of same by the Public Service Commission. Any portion of the $23 million not so disbursed by the Department of Administrative Services Georgia Technology Authority for said purposes within three years after March 20, 1992, shall become available solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided for in this part.
50-5-201.
Any applicant receiving funds awarded by the governing board under this part must use the funds solely for the approved purpose of payment for construction, equipment, transport, recurring costs, and all other costs of establishing the system to the Department of Administrative Services Georgia Technology Authority who provided goods and services used in establishing the system. Any funds not being used for the approved purpose must be returned to the Universal Service Fund.
50-5-202.
The commissioner of the Department of Administrative Services Georgia Technology Authority may provide a means whereby private nonprofit schools and medical facilities may utilize and participate in the state-wide distance learning and telemedicine network upon such terms and under such conditions as the commissioner authority may establish; provided, however, such private nonprofit schools and medical facilities must bear the cost of such utilization and participation."
SECTION 7.
Said title is further amended in Chapter 25, relating to the GeorgiaNet Authority, by striking Code Section 50-25-1, relating to the establishment of the GeorgiaNet Authority, which reads as follows:

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"50-25-1.
(a) There is established the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions.
(b) As used in this chapter, the term:
(1) 'Authority' means the GeorgiaNet Authority.
(2) 'File' means a group of data consisting of a collection of related records which concern one or more functions of a state department, agency, board, bureau, commission, or authority, and which is treated as a single unit in an electronic data processing system.
(3) 'Record' means a group of related fields of data used to electronically store data about a subject, such as an employee, customer, vendor, or other individual, or a transaction.
(c) The purpose of the authority shall be the centralized marketing, provision, sale, and leasing, or executing license agreements for access on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors:
1) The public interest in providing ready access to public state information for individuals, businesses, and other entities;
(2) The public interest in providing ready access to state information for other governmental entities, so as to better enable such other governmental entities to carry out their public purposes;
(3) Fair and adequate compensation to the state for costs incurred in generating, maintaining, and providing access to state information;
(4) Cost savings to the state through efficiency in the provision of public information;
(5) The avoidance of unfair competition with private enterprises engaged in the commercial provision of electronic data equipment, supplies, products, and services; and
(6) Such other factors as are in the public interest of the state and will promote the public health and welfare.",
and inserting in lieu thereof the following:
"50-25-1.
(a) There is established the Georgia Technology Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. The Georgia Technology Authority shall be the successor in interest to the public corporation created by Ga. L. 1990, p. 1566, as amended from time to time thereafter, and known as the 'GeorgiaNet Authority,' and all rights, powers, and duties of that public corporation shall be vested in the Georgia Technology Authority, subject, however, to all debts, obligations, liabilities, and duties incurred by that public corporation.
(b) As used in this chapter, the term:
(1) 'Agency' means every state department, agency, board, bureau, commission, and authority but shall not include the University System of Georgia.
(2) 'Authority' means the Georgia Technology Authority as established in this chapter.

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(3) 'Board' means the board of directors for the Georgia Technology Authority.
(4) 'Chairperson' means the chairperson of the Georgia Technology Authority.
(5) 'Chief information officer' means the chief information officer of the State of Georgia provided for by Code Section 50-25-5.1.
(6) 'File' means a group of data consisting of a collection of related records which concern one or more functions of an agency and which is treated as a single unit in an electronic data processing system.
(7) 'GeorgiaNet Division' means the former GeorgiaNet Authority.
(8) 'Local government' means any county, city, or consolidated government in this state.
(9) 'Private sector' means any nongovernment, privately owned entity in this state.
(10) 'Public safety radio services' means all radio services of state, county, or municipal governments, as defined in Part 89 of the Rules and Regulations of the Federal Communications Commission.
(11) 'Record' means a group of related fields of data used to electronically store data about a subject, such as an employee, customer, vendor, or other entity, or a transaction.
(12) 'Technology' or 'technology resources' means hardware, software, and communications equipment, including, but not limited to, personal computers, mainframes, wide and local area networks, servers, mobile or portable computers, peripheral equipment, telephones, wireless communications, public safety radio services, facsimile machines, technology facilities including but not limited to, data centers, dedicated training facilities, and switching facilities, and other relevant hardware and software items as well as personnel tasked with the planning, implementation, and support of technology.
(13) 'Technology enterprise management' means methods for managing technology resources for all agencies, considering the priorities of state planners, with an emphasis on making communications and sharing of data among agencies feasible and ensuring opportunities of greater access to state services by the public.
(14) 'Technology policy' means processes, methods, and procedures for managing technology, technology resources, and technology procurement.
(15) 'Technology portfolio management' means an approach for analyzing and ranking potential technology investments based upon state priorities and a cost benefit analysis to include, but not be limited to, calculated savings, direct and indirect, and revenue generation related to technology expenditures and selecting the most costeffective investments. The minimization of total ownership costs, i.e. purchase, operation, maintenance, and disposal, of technology resources from acquisition through retirement while maximizing benefits is to be emphasized.
(c) The purpose of the authority shall be to provide for procurement of technology resources, technology enterprise management, and technology portfolio management as defined in this chapter, as well as the centralized marketing, provision, sale, and leasing, or execution of license agreements for access on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors:
(1) The public interest in providing ready access to public state information for individuals, businesses, and other entities;
(2) The public interest in providing ready access to state information for other governmental entities, so as to enhance the ability of such other governmental entities to carry out their public purposes;

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(3) Fair and adequate compensation to the state for costs incurred in generating, maintaining, and providing access to state information;
(4) Cost savings to the state through efficiency in the provision of public information; and
(5) Such other factors as are in the public interest of the state and will promote the public health and welfare.
(d) The authority shall assist political subdivisions and other entities created by the Constitution or laws of this state by setting forth policy initiatives for guidance in the use of technology to improve services, reduce costs, encourage technological compatibility, and promote economic development throughout the state.
(e) Services related to the marketing, provision, sale, and leasing or licensing of public information as provided in subsection (c) of this Code section shall continue to be marketed under the service mark of GeorgiaNet."
SECTION 8.
Said title is further amended by striking in its entirety Code Section 50-25-2, relating to the authority membership, and inserting in lieu thereof the following:
"50-25-2.
(a) The authority shall consist of five members as follows: one member appointed by the Lieutenant Governor; one member appointed by the Speaker of the House of Representatives; and three members appointed by the Governor who shall be knowledgeable with respect to the data processing operations and needs of political subdivisions of this state. The authority shall consist of nine members as follows: one member appointed by the Lieutenant Governor; one member appointed by the Speaker of the House of Representatives; and seven members appointed by the Governor. All members shall be individuals employed in the private sector who shall have experience in technology issues concerning large public or private organizations or entities. The initial membership of the authority shall consist of three members, one appointed by the Lieutenant Governor, one appointed by the Speaker, and one appointed by the Governor, to serve a term of one year, three members appointed by the Governor to serve a term of two years, and three members appointed by the Governor to serve a term of three years. The terms of all succeeding members shall be for three years. The Governor shall designate a member of the authority as chairperson. The authority may elect a vice chairperson and a secretary and any other officers deemed appropriate.
(b) Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except as specifically provided in this subsection, members of the authority shall receive no compensation for their services.
(c) Two Five members of the authority shall constitute a quorum; and the affirmative votes of two four members of the authority shall be required for any action to be taken by the authority.
(d) The board may, in its discretion, appoint an executive director as the administrative head of the authority and shall set his or her salary. Such salary shall not exceed the salary of the commissioner of administrative services. Unless the board appoints an executive director, the commissioner of administrative services shall serve as the executive officer and director and administrative head of the authority. If the commissioner of administrative services serves as the executive officer and director and administrative head of the authority, the commissioner of administrative services may appoint a person as assistant commissioner and delegate such of his or her powers and duties to such assistant commissioner as he or she desires. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications, 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. The executive director and other employees of the authority shall be considered state employees in the unclassified service of the State Merit System of Personnel Administration for the purposes of benefits administered by the merit system and for retirement purposes. Any officer or employee of the authority who is already a member of the merit system by

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virtue of services with another employer shall be entitled to credit for his or her services and shall not suffer any loss of such credit to which he or she is otherwise entitled. There shall be paid from the funds appropriated or otherwise available for the operation of the GeorgiaNet Authority all employer's contributions required under this chapter. There shall be an executive director of the authority to be titled the chief information officer and to be selected in the manner and to have the powers and duties set forth in Code Section 50-25-5.1.
(e) The GeorgiaNet Division of the Georgia Technology Authority shall be responsible, on such terms and conditions as may be determined to be in the best interest of the state, for:
(1) The centralized marketing, sale, leasing, or licensing, for access on line or in volume, of public information maintained by any agency in electronic format; and
(2) The coordination of electronic commerce applications, Internet websites, and other public electronic government services for agencies.
(e)(f) The authority may make rules and regulations for its own government.
(f)(g) The authority shall have perpetual existence."
SECTION 9.
Said title is further amended by striking Code Section 50-25-3, relating to the administration of the authority, and inserting in lieu thereof the following:
"50-25-3.
(a) The authority shall be assigned for administrative purposes to the Department of Administrative Services Office of Planning and Budget, as provided for in Code Section 50-4-3.
(b) The Attorney General shall provide legal services for the authority, in the same manner provided for in Code Sections 45-15-13 through 45-15-16."
SECTION 10.
Said title is further amended by striking in its entirety Code Section 50-25-4, relating to the general powers of the authority, and inserting in lieu thereof the following:
"50-25-4.
(a) The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure;
(2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created;
(3) 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 furtherance of the public purpose of the authority;
(4) 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 instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(5) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local

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government of any facilities or services of the authority; and such state agencies and local governments are authorized to enter into such contracts;
(6) To fix and collect fees and charges for data, media, and incidental services furnished by it to any private individual or entity;
(7) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds;
(8) To establish standards for agencies to submit information technology plans to the authority. Standards shall include without limitation content, format, and frequency of submission;
(9) To provide and approve a technology plan to include strategic planning and direction for technology acquisition, deployment development, and obsolescence management as well as a communications plan to manage costs for voice, video, data, and messaging services for all agencies. The state technology plan shall incorporate plans from agencies and other sources;
(10) To set technology policy for all agencies except those under the authority, direction, or control of state-wide elected officials other than the Governor;
(11) To prescribe procedures for the procurement of technology resources for agencies;
(12) To provide oversight and program management for all technology resources for projects exceeding a cumulative investment of $1 million to accomplish goals of technology portfolio management;
(13) To require agencies to submit periodic reports at such frequency and with such content as the board shall define;
(14) To prepare fiscal impact statements relating to necessary modifications and development of technology to support policies required by proposed legislation;
(15) To establish architecture for state technology infrastructure to promote efficient use of resources and to promote economic development;
(16) To provide processes and systems for timely and fiscally prudent management of the state's financial resources to include, without limitation, cash management;
(17) To establish advisory committees from time to time, including, without limitation, a standing advisory committee composed of representatives from agencies which shall make recommendations to the authority concerning such matters as policies, standards, and architecture;
(18) To coordinate with agencies, the legislative and judicial branches of government, and the Board of Regents of the University System of Georgia, regarding technology policy;
(19) To coordinate with local and federal governments to achieve the goals of the authority;
(20) To identify and pursue alternative funding approaches;
(21) To establish technology security standards and services to be used by all agencies;
(22) To conduct technology audits of all agencies;
(23) To facilitate and encourage the conduct of business on the Internet;
(24) To expand and establish policies necessary to ensure the legal authority and integrity of electronic documents;

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(25) To provide and approve as part of the state technology plan an implementation plan and subsequent policies and goals designed to increase the use of telecommuting among state employees;
(26) To create a center for innovation to create applications of technology that will yield positive, measurable benefits to the state;
(27) To establish benchmarks for contracts requiring approval by the board;
(28) To canvass all sources of supply and to contract for the lease, rental, purchase, or other acquisition of all technology resource related supplies, materials, services, and equipment required by the state government or any of its agencies under competitive bidding or to authorize any agency to purchase or contract for technology;
(29) To establish and enforce standard specifications which shall apply to all technology and technology resource related supplies, materials, and equipment purchased or to be purchased for the use of the state government or any of its agencies;
(30) To establish processes, specifications, and standards for procurement, which shall apply to all technology to be purchased, licensed, or leased by any agency;
(8)(31) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and
(9)(32) To do all things necessary or convenient to carry out the powers conferred by this chapter.
(b) The authority shall transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority.
(c) The authority shall appoint the director of the GeorgiaNet Division of the authority and establish the compensation for such director."
SECTION 11.
Said title is further amended by inserting after Code Section 50-25-5 a new Code Section 50-25-5.1 to read as follows:
50-25-5.1.
(a) There is created the position of the chief information officer for the State of Georgia who shall be both appointed and removed by a vote of a majority of the full membership to which the authority is entitled. The authority shall determine the compensation of the chief information officer. The chief information officer shall serve as the executive director of the authority.
(b) Subject to the general policy established by the authority, the chief information officer shall have the following powers and duties in addition to those otherwise enumerated in this chapter:
(1) To supervise, direct, account for, organize, plan, administer, and execute the functions required of the chief information officer by the authority;
(2) To provide assistance to agency heads in evaluating information officer performance for each agency and in selection of candidates for such positions;
(3) To establish performance management standards, approved by the board regarding success of projects, agency technology performance, and authority performance;

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(4) To submit an annual and a three-year technology plan, updated annually, and an annual budget for approval and adoption by the board;
(5) To review periodic reports submitted by agencies;
(6) To hire officers, agents, and employees, prescribe their duties and qualifications, 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. The executive director and other employees of the authority shall be considered state employees in the unclassified service of the State Merit System of Personnel Administration for the purposes of benefits administered by the merit system and for retirement purposes. Any officer or employee of the authority who is already a member of the Employees' Retirement System of Georgia by virtue of services with another employer shall be entitled to credit for his or her services and shall not suffer any loss of such credit to which he or she is otherwise entitled. There shall be paid from the funds appropriated or otherwise available for the operation of the Georgia Technology Authority all employer's contributions required under this chapter;
(7) To contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of attorneys, accountants, systems engineers, consultants, and advisers, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits; and
(8) To perform such other duties as the authority may direct from time to time."
SECTION 12.
Said title is further amended by inserting after Code Section 50-25-7 new Code Sections 50-25-7.1, 50-25-7.2, 5025-7.3, 50-25-7.4, 50-25-7.5, 50-25-7.6, 50-25-7.7, 50-25-7.8, 50-25-7.9, 50-25-7.10, 50-25-7.11, and 50-25-7.12 to read as follows:
"50-25-7.1.
(a) The authority is authorized and directed to establish a technology empowerment fund to be administered by the authority. The fund shall consist of such moneys appropriated or otherwise available to the authority as the board may determine from time to time to deposit therein. Subject to the appropriations process, the decision-making and priority-setting responsibilities for allocating these funds are vested in the chief information officer and the director of the Office of Planning and Budget.
(b) The chief information officer is authorized to identify and select individual projects, initiatives, and systems to improve service delivery to be funded through the technology empowerment fund. Such projects shall demonstrate, to the satisfaction of the chief information officer, reduced costs through the use of technology. In identification and selection of such projects, initiatives, and systems, the chief information officer shall give priority to those which provide demonstrable cost savings and improved service delivery on a recurring basis through the employment of technology and training. Eligible projects, initiatives, and systems to receive disbursements from the technology empowerment fund may be selected from agency budget requests. Quarterly reports of the operations of the technology empowerment fund shall be required to be made to the board, the Office of Planning and Budget, and the Legislative Budget Office to ensure proper oversight and accountability.
(c) Each project or initiative developed and supported from the technology empowerment fund shall employ technology that is compatible with the architecture and standards established by the authority and shall be accounted for by a discrete account established for the individual project or initiative item in the operating budget and capital budget.
(d) A steering committee composed of the chairperson of the House Appropriations Committee or his or her designee from among the membership of the committee, the chairperson of the Senate Appropriations Committee or his or her designee from among the membership of the committee, the director of the Office of Planning and Budget,

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the legislative budget analyst, the state auditor, and a representative from the Governor's office shall advise and consult with the chief information officer regarding initiatives to receive funding from the technology empowerment fund and shall receive quarterly reports from the chief information officer as to the status of funded projects.
50-25-7.2.
All agencies shall contract through the authority for any technology resource purchase of such agency exceeding $100,000.00; provided, however, that the provisions of this Code section shall not have application to personnel tasked with the planning, implementation, and support of technology. The authority shall be authorized to act as the agent of any agency for such purposes.
50-25-7.3.
(a) Except as otherwise provided in this Code section, contracts exceeding $100,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given commodity will involve an expenditure in excess of $250,000.00, sealed bids shall be solicited by advertisement in the Georgia Register established under Code Section 50-25-6:
(1) This method of solicitation shall only be used after a written determination by the authority that the use of competitive sealed bidding is not practicable or is not advantageous to the state;
(2) Proposals shall be solicited through a request for proposals;
(3) Adequate public notice of the request for proposals shall be given in the same manner as provided for competitive sealed bidding;
(4) Proposals shall be opened in the same manner as competitive sealed bids. A register of proposals shall be prepared and made available for public inspection;
(5) The request for proposals shall state the relative importance of price and other evaluation factors;
(6) As provided in the request for proposals and under regulations to be developed by the authority, discussions may be conducted with reasonable offerors who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing offerors; and
(7) The award shall be made to the responsible offeror whose proposal is determined in writing and pursuant to rules and regulations of the authority to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.
(b) Except as otherwise provided for in this chapter, all contracts for the purchases of supplies, materials, or equipment made under this chapter shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established and prescribed by the authority, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, or the date or dates of delivery specified in the bid. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the authority, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the standard specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected.

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(c) When bids received pursuant to this chapter are unreasonable or unacceptable as to terms and conditions, are noncompetitive, or the low bid exceeds available funds and it is determined in writing by the authority that time or other circumstances will not permit the delay required to resolicit competitive bids, a contract may be negotiated pursuant to this Code section, provided that each responsible bidder who submitted such a bid under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. In cases where the bids received are noncompetitive or the low bid exceeds available funds, the negotiated price shall be lower than the lowest rejected bid of any responsible bidder under the original solicitation.
(d) Every bid conforming to the terms of the advertisement provided for in this Code section, together with the name of the bidder, shall be recorded, and all such records with the name of the successful bidder indicated thereon shall, after award or letting of the contract, be subject to public inspection upon request. The authority shall also, within five days after the award or letting of the contract, publish the name of the successful bidder on public display in a conspicuous place in the authority's office so that it may be easily seen by the public. The public notice on public display shall also show the price or the amount for which the contract was let and the commodities covered by the contract. The authority shall also, within five days after the award or letting of the contract, publish on public display the names of all persons whose bids were rejected by it, together with a statement giving the reasons for such rejection. All the information required to be placed on public display in a conspicuous place at the office of the authority shall also be recorded in a permanent book to be kept by the authority, which record shall always be subject to public inspection upon request. Bids shall be opened in public by the authority, which shall canvass the bids and award the contract according to the terms of this chapter. A proper bond for the faithful performance of any contract shall be required of the successful bidder in the discretion of the authority. After the contracts have been awarded, the authority shall certify to the various agencies the sources of the supplies and the contract price of the various supplies, materials, and equipment so contracted for.
(e) On all sealed bids received or solicited by the authority, except in cases provided for in Code Section 50-5-58, the following certificate of independent price determination shall be used:
'I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder.'
50-25-7.4.
Prospective suppliers may be prequalified for particular types of supplies, services, goods, materials, and equipment at the discretion of the authority. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers. The award of contracts, however, may be conditioned upon prequalification.
50-25-7.5.
(a) If the needed supplies, materials, or equipment can reasonably be expected to be acquired for less than $2,500.00 and are not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding.
(b) Nothing in this Code section shall apply to or affect the laws, rules, and regulations governing emergency purchases.
50-25-7.6.
In case of any emergency arising from any unforeseen causes, including delay by contractors, delay in transportation, breakdown in machinery, unanticipated volume of work, or upon the declaration of a state of emergency by the Governor, the authority shall have power to purchase in the open market any necessary supplies, materials, or equipment for immediate delivery to any agency. A report on the circumstances of the emergency and the transactions thereunder shall be duly recorded in a book or file to be kept by the authority.

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50-25-7.7.
(a) Neither the executive director nor any employee of the authority shall be financially interested or have any personal beneficial interest either directly or indirectly in the purchase of or contract for any materials, equipment, or supplies, nor in any such firm, corporation, partnership, or association furnishing any such supplies, materials, or equipment to agencies or the authority. Except as provided in subsection (b) of this Code section, it shall be unlawful for the executive director or any of his or her assistants or any employee of the authority to accept or receive, directly or indirectly, from any person, firm, or corporation to whom any contract may be awarded any money or anything of more than nominal value or any promise, obligation, or contract for future reward or compensation.
(b) Nothing in this Code section shall preclude the executive director or any of his assistants or any employee of the authority from attending seminars, courses, lectures, briefings, or similar functions at any manufacturer's or vendor's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the executive director, assistant, or employee with knowledge and information relative to the manufacturer's or vendor's products or services and is one which the executive director determines would be of benefit to the authority and to the state. In connection with any such seminar, course, lecture, briefing, or similar function, nothing in this Code section shall preclude the executive director, assistant, or employee from receiving meals from a manufacturer or vendor. Nothing in this Code section shall preclude the executive director, assistant, or employee from receiving educational materials and business related items of not more than nominal value from a manufacturer or vendor.
(c) Nothing contained in this Code section shall permit the executive director, assistant, or employee to accept free travel from the manufacturer or vendor outside the State of Georgia or free lodging in or out of the State of Georgia.
(d) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and shall be removed from office.
50-25-7.8.
Whenever any agency required by this chapter and the rules and regulations adopted pursuant to this chapter applying to the purchase of supplies, materials, or equipment through the authority shall contract for the purchase of such supplies, materials, or equipment contrary to this chapter or the rules and regulations made pursuant to this chapter, such contract shall be void and of no effect. If any official of such agency willfully purchases or causes to be purchased any supplies, materials, or equipment contrary to this chapter or the rules and regulations made pursuant to this chapter, such official shall be personally liable for the cost thereof; and, if such supplies, materials, or equipment are so unlawfully purchased and paid for out of the state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor.
50-25-7.9.
(a) As used in this Code section, the term 'person' includes natural persons, firms, partnerships, corporations, or associations.
(b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the authority any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the authority shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposition or sale of other state property.
(c) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the authority for the individual and personal ownership of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property.

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(d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor.
50-25-7.10.
The executive director shall submit to the director of the Office of Planning and Budget and the state auditor on a quarterly basis a report of all activity regarding technology and technology resources for each agency and the authority. The report shall accurately represent all financial details including current cash balances, line item detail on expenditures including systems development, personal services, and equipment from the previous quarter and anticipated expenditures for the upcoming quarter, projected year-end balance, depreciated value of capital equipment, and balances of reserve funds established for capital equipment, as well as a status report on personnel position changes including new technology related positions created and existing technology related positions eliminated. The authority spending reports shall comply with the state accounting system object codes.
50-25-7.11.
The Governor shall have the authority to transfer the technology resources as provided in this chapter of all state agencies, except those under the authority, direction, or control of state-wide elected officials other than the Governor, to the authority. This Code section shall be implemented by executive order of the Governor, and the Governor shall have the authority to implement this Code section in whole or in part, in phases or stages, or in any manner or sequence which he or she may deem appropriate. In making such transfer, the Governor shall consult with the head of the agency affected and shall assure that the transfer shall not interrupt such agency's services.
50-25-7.12.
The authority, the Office of Planning and Budget, and the state auditor shall jointly develop a system for budgeting and accounting of expenditures for technology resources. This system must integrate seamlessly with the technology portfolio management system. Annual reports regarding technology shall be coordinated by the authority with the Office of Planning and Budget and the state auditor and submitted to the Governor, General Assembly, and the board on or before October 1 of each year. The authority may adopt an accrual method of accounting."
SECTION 13.
Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995," is amended by striking in their entirety Code Sections 50-29-1 through 50-29-11, which read as follows:
"50-29-1.
This chapter shall be known and may be cited as the 'Information Technology Policy Act of 1995.'
50-29-2.
(a) The General Assembly finds and declares that information technology is a critically important resource to successful, competitive business organizations and to service oriented government agencies in Georgia.
(b) It is the intent of the General Assembly that state government become more service oriented to the general public and to organizations within the private sector. It is the further intention of the General Assembly that state government should expand its use of technology and identify ways in which technology can improve the delivery of services to the public. Such improvements are to include, but are not to be limited to:
(1) The elimination of paper records, insofar as possible, in order to increase government efficiency;
(2) The provision of a simplified and more efficient manner for filing paper or electronic documents in order to make such requirements less burdensome for citizens;
(3) The ability for all citizens to have easy electronic access to public data, within necessary security restrictions;

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(4) The ability to submit payments and receive refunds electronically in order to facilitate such activities for citizens;
(5) The ability for all state agencies to have access to and exchange state information freely and easily, within necessary security restrictions, in order to reduce redundancy and to increase agency efficiency;
(6) The ability to be flexible and adaptable in order to avoid obsolescence and provide maximum benefits to all citizens; and
(7) Other improvements as appropriate.
(c) It is the further intent of the General Assembly that:
(1) State government provide the leadership needed to maximize the application of information technology as a means for promoting economic development across the state and thereby improve the quality of life for all Georgians;
(2) State agencies should maximize efficiency and resources and avoid duplication in the implementation of information technology. To achieve this efficiency, there should be coordination of efforts, when similar client populations are affected, in the development or installation, or both, of information technology based services. The coordination of such activities should occur among divisions of an agency, among agencies, and across jurisdictions as appropriate; and
(3) The Georgia Information Technology Policy Council shall develop and implement plans, policies, and standards to effectuate the legislative intent described in this Code section. The general approach of such council in carrying out its mission shall be to develop a strategic plan addressing these state level needs and purposes. Any further policies, standards, and other actions necessary to achieve the objectives in the approved plan shall be implemented by such council.
50-29-3.
As used in this chapter, the term:
(1) 'Agency' means state agencies, authorities, boards, and commissions.
(2) 'Chairperson' means the chairperson of the Georgia Information Technology Policy Council.
(3) 'Chief information officer' means the chief information officer of the Georgia Information Technology Policy Council.
(4) 'Council' means the Georgia Information Technology Policy Council.
(5) 'Local government' means any county, city, or consolidated government in this state.
(6) 'Private sector' means any nongovernment, privately owned entity in this state.
50-29-4.
(a)(1) The Georgia Information Technology Policy Council is created.
(2) The council shall be composed of 18 members. Nine of the members shall represent state agencies, two shall represent local governments, and seven shall represent the private sector.
(3) The nine members representing state agencies shall be as follows:
(A) The commissioner of administrative services, or such commissioner's designee;

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(B) The director of the Office of Planning and Budget, or such director's designee;
(C) The chancellor of the University System of Georgia, or such chancellor's designee;
(D) The State School Superintendent, or such superintendent's designee;
(E) The executive director of the Georgia Public Telecommunications Commission, or such executive director's designee;
(F) The state auditor, or such auditor's designee;
(G) The commissioner of transportation, or such commissioner's designee;
(H) The commissioner of technical and adult education, or such commissioner's designee; and
(I) The commissioner of community affairs, or such commissioner's designee.
(4) The two members representing local governments shall be appointed by the Governor. The Governor shall designate the initial terms of the members of the council from local governments as follows: one member shall be appointed for a term of two years, expiring June 30, 1997; and one member shall be appointed for a term of three years, expiring June 30, 1998. Thereafter, all successors shall be appointed for a term of three years and until such person's successor is appointed and qualified.
(5) The seven members representing the private sector shall be appointed by the Governor. The Governor shall designate the initial terms of the members of the council from the private sector as follows: two members shall be appointed for a term of one year, expiring June 30, 1996; two members shall be appointed for a term of two years, expiring June 30, 1997; and three members shall be appointed for a term of three years, expiring June 30, 1998. Thereafter, all successors shall be appointed for a term of three years and until such person's successor is appointed and qualified.
(b) Vacancies on the council shall be filled as follows:
(1) For appointees representing state agencies, any vacancy shall be filled by the successor to the position which becomes vacant;
(2) For appointees representing local governments, vacancies shall be filled by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term;
(3) For appointees representing the private sector, vacancies shall be filled by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term.
(c) The Governor shall appoint a chairperson from the private sector membership of the council, and said appointee shall be the presiding officer of the council.
(d) The council may elect a vice chairperson and a secretary and any other officers deemed appropriate.
50-29-5.
(a) Meetings of the council shall be held at the call of the chairperson or upon the request of a majority of the councilmembers. Meetings may be held in person, by telephone, or by any other electronic means at the option of the council.

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(b) Nine members of the council shall constitute a quorum; and the affirmative votes of a majority of the members present at a meeting shall be required for any action to be taken by the council but shall not be less than a majority of those authorized to be appointed to the council.
(c) Each member of the council who is not otherwise a state officer or employee is authorized to receive an expense allowance and reimbursement from funds of the council in the same manner as provided for in Code Section 45-721. Each member of the council who is otherwise a state officer or employee shall be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the council. Except as specifically provided in this subsection, members of the council shall receive no compensation for their services.
50-29-6.
The council shall have the following powers and duties:
(1) Provide strategic planning and direction for information technology deployment and development;
(2) Set information technology policy for the executive branch of state government including all state agencies, the board of regents, and all authorities;
(3) Formulate and promulgate standards which promote an open architecture of computer systems and technology systems and facilitate the communication of information and data among public sector agencies and jurisdictions, private sector organizations, and the general public. Such standards shall be compatible with national and international computer and technology standards;
(4) Establish private and public sector advisory committees to explore opportunities of shared infrastructure and data and for other purposes. Such committees shall include a standing state agency advisory committee composed of representatives from agencies in all branches of state government;
(5) Coordinate with the legislative and judicial branches of state government;
(6) Coordinate with local and federal governments;
(7) Identify alternative funding approaches;
(8) Review the issue of ownership versus custodianship of information within state government and recommend legislation as needed to address this issue;
(9) Make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the council or to further the public purpose of the council; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(10) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of personal property of every kind and character or any interest therein, in furtherance of the public purpose of the council; provided, however, all such acquisitions, purchases, leases, or disposal of personal property shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(11) Apply for and accept any gifts or grants or loan guarantee 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 instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(12) Contract with private sector organizations for goods and services; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;

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(13) Contract with state agencies or any local government for the use by the council of any property, 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 council; and such state agencies and local governments are authorized to enter into such contracts; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(14) Coordinate with other state agencies and authorities to establish policies concerning access to information and to establish fees and charges for data, media, and incidental services;
(14.1) Investigate and recommend a public key infrastructure policy which shall consist of a state sanctioned method of ensuring the legal authority and integrity of electronic documents; and
(15) Do all things necessary or convenient to carry out the powers conferred by this chapter.
50-29-7.
(a) There is created the position of chief information officer who shall be both appointed and removed by the council. The council shall set the salary for the chief information officer.
(b) Subject to the general policy established by the council, the chief information officer shall have the following powers and duties:
(1) To supervise, direct, account for, organize, plan, administer, and execute the functions required of the chief information officer by the council;
(2) To employ such other professional, technical, and clerical personnel as the chief information officer may deem necessary to carry out the duties prescribed as funds are made specifically available by the council.
(c) All employees of the chief information officer shall be in the unclassified service of the state merit system.
(d) The chief information officer shall work cooperatively and collaboratively with other state agencies to minimize such chief information officer's permanent staffing needs.
50-29-8.
The council shall be attached for administrative purposes only to the Office of Planning and Budget.
50-29-9.
(a) By September 1, 1995, in cooperation and coordination with state agencies, authorities, the Board of Regents of the University System of Georgia, the state judiciary, and the General Assembly, the council shall develop a state strategic plan for information technology deployment and development. This plan shall be updated annually and shall cover a five-year period. The state strategic plan shall contain a description of the future direction for information technology; a statement of the mission of state government in regards to information technology; a description of the current and anticipated future needs being addressed by such future direction and mission; a description of planned actions designed to address these needs, including an implementation timetable; a description of the evaluation system to be used to determine if the needs are being attained; an estimated annual cost for each planned action; and any other item the council deems necessary.
(b) By September 1, 1995, and each September 1 thereafter, each state agency, authority, the Board of Regents of the University System, the General Assembly, and the state judiciary shall submit to the council, concurrent with the submission of their official budget requests to the Office of Planning and Budget, the Legislative Budget Office, and the chairperson and vice chairperson of the Budgetary Responsibility Oversight Committee a copy of those elements of their continuation and improvement budget requests that detail their information technology needs. The information technology continuation budget component shall contain a detailed analysis of the current information technology systems and the costs associated with such systems. The information technology improvement

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component shall contain a detailed analysis of each improvement item, including information regarding how this request corresponds to the agency strategic plan and the state information technology strategic plan. (c) By November 1, 1995, and each November 1 thereafter, the council shall issue a report to the Office of Planning and Budget, the Legislative Budget Office, and the chairperson and vice chairperson of the Budgetary Responsibility Oversight Committee. This report shall include specific recommendations concerning each agency information technology budget request as to whether funding would be appropriate in regard to the state strategic plan and whether such request coordinates with and complements other agency budget requests. 50-29-10. The Attorney General shall provide legal services for the council in the same manner provided for in Code Sections 45-15-13 through 45-15-16. 50-29-11. All state agencies, authorities, commissions, and boards are authorized and directed to provide assistance to the council, as requested, in the performance of the duties of the council.", and inserting in lieu thereof the following: "50-29-1. Reserved. 50-29-2. Reserved. 50-29-3. Reserved. 50-29-4. Reserved. 50-29-5. Reserved. 50-29-6. Reserved. 50-29-7. Reserved. 50-29-8. Reserved. 50-29-9. Reserved.

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50-29-10.
Reserved.
50-29-11.
Reserved."
SECTION 14.
Code Section 50-29-12 of the Official Code of Georgia Annotated, relating to authorization for state agencies to establish pilot projects to serve as models for application of technology, is amended by striking said Code section and inserting in lieu thereof the following:
"50-29-12.
(a) The General Assembly desires to promote economic development and efficient delivery of government services by encouraging state governmental agencies and private sector entities to conduct their business and transactions using electronic media.
(b) All state agencies, authorities, and boards are authorized to establish pilot projects, which are to serve as models for the application of technology such as electronic signatures, through public and private partnerships with private companies providing such technology related services. Such pilot projects shall be approved by the Georgia Information Technology Policy Council Authority. Such projects shall consider both commercial and government applications, be inclusive of major categories of electronic signature technology, and be established through a request for proposal process. The pilot projects are intended to provide a proof of concept for the application of technology, such as electronic signatures, and to serve to educate the General Assembly and the public at large as to the benefits of electronic signatures as well as the role of state government in any future regulatory capacity. One such pilot project may involve digital signatures and the use of a public key infrastructure established by a service provider. Any private partner chosen for these pilot projects may establish user fees to pay for the cost of these services so that no state funds would be required.
(c) State agencies establishing pilot projects shall submit quarterly progress reports on such projects to the Georgia Information Technology Policy Council Authority, and the council authority shall then submit such reports to the Electronic Commerce Study Committee. The council authority shall monitor the success of such pilot projects and provide technical assistance to the extent that resources of the council authority are available.
(d) There is created the Electronic Commerce Study Committee to be composed of 13 members. The committee shall study the issues relating to electronic records and signatures. The President of the Senate shall appoint five members to the committee, three of whom shall be members of the Senate and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The Speaker of the House of Representatives shall appoint five members to the committee, three of whom shall be members of such House and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The members of the committee shall serve for terms of office beginning at the time of their appointment and expiring December 31 of each even-numbered year. Vacancies occurring on the committee shall be filled in the same manner as the original appointment to serve out the remaining unexpired term of office. The President of the Senate and Speaker of the House of Representatives shall also each designate from among their legislator appointees one cochair of the committee to serve as cochair during their terms of office as a member of the committee. The GeorgiaNet Division of the Georgia Technology Authority shall appoint one member to the committee. The Georgia Information Technology Policy Council Authority shall appoint one member to the committee. The Secretary of State shall appoint one member to the committee. The committee, upon the call of either cochair, is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties, and accomplish its objectives and purposes. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for

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expenses incurred by them in the performance of their duties as members of the committee. Private persons appointed to the committee shall also be reimbursed for expenses incurred by them in the performance of their duties as members of the committee from funds available to the Department of Administrative Services. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 15 of each year. The Electronic Commerce Study Committee created in this subsection shall be terminated on December 31, 2000 2002, and this subsection shall be repealed in its entirety on December 31, 2000 2002."

SECTION 15. This Act shall become effective on July 1, 2000.

SECTION 16.

All laws and parts of laws in conflict with this Act are repealed.

Senator Perdue of the 18th offered the following amendment:

Amend the Tanksley substitute to SB 465 as follows:

By adding after the word "agencies" on line 40 of page 27 the words and symbol ", which specifications shall be based on and consistent with industry accepted open network architecture standards".

On the adoption of the amendment, the yeas were 48, nays 0, and the Perdue amendment to the Tanksley substitute was adopted.

On the adoption of the substitute, the yeas were 50, nays 0, and the Tanksley substitute was adopted as amended.

Pursuant to Senate Rule 143, action on SB 465 was suspended and the bill was placed on the Senate General Calendar.
Senator Ray of the 48th introduced the Duluth High School Lady Wildcats Softball Team, commended by SR 639, adopted previously.
Senator Land of the 16th introduced the doctor of the day, Dr. John Bucholtz.

The Calendar was resumed.

SB 426. By Senators Polak of the 42nd, Stokes of the 43rd, Burton of the 5th and Ladd of the 41st:

A bill to be entitled an Act to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to provide that an expense allowance for grand jurors shall be fixed by the grand jury; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown
Brush

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith

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Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 228. By Senators Hecht of the 34th, Thompson of the 33rd, Lee of the 29th and others:

A bill to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to change the provisions relating to the granting of new trials; to provide that under certain conditions judges shall make written findings of fact and conclusions of law with respect to motions for new trial in criminal cases.

The Senate Judiciary Committee offered the following substitute to SB 228:

A BILL

To be entitled an Act to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to change the provisions relating to the granting of new trials; to provide for certain appeals from the state courts, City Court of Atlanta, and juvenile courts; to provide for powers of the City of Atlanta and juvenile courts; to provide under what circumstances the state is allowed to appeal orders, decisions, and judgments in criminal and juvenile delinquency cases; to repeal certain provisions relating to right of state to direct appeal in certain delinquency cases; to provide for legislative intent relative to such appeals; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking in its entirety subsection (a) of Code Section 5-5-1, relating to the power of probate, superior, state, and city courts, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) The superior, state, and city City of Atlanta, and juvenile courts shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts."
SECTION 2.

Said title is further amended by striking in its entirety Code Section 5-7-1, relating to orders, decisions, or judgments appealable and defendant's right to cross appeal, and inserting in lieu thereof a new Code Section 5-7-1 to read as follows:

"5-7-1.

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(a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court of Atlanta, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases and juvenile delinquency cases in the following instances:
(1) From an order, decision, or judgment setting aside or dismissing any indictment, or accusation, or petition alleging that a child has committed a delinquent act or any count thereof;
(2) From an order, decision, or judgment arresting judgment of conviction or juvenile delinquency upon legal grounds;
(3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy;
(4) From an order, decision, or judgment sustaining a motion to suppress suppressing or excluding evidence illegally seized or requiring the return of seized property in criminal or juvenile delinquency proceedings in the case of motions made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first; or
(5) From an order, decision, or judgment denying a motion by the state to recuse or disqualify a judge made and ruled upon prior to the defendant being put in jeopardy;
(6) From an order, decision, or judgment of a court where the court does not have jurisdiction or the order is otherwise void under the Constitution or laws of this state; or
(7) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-5.
(b) In any instance in which any appeal is taken by and on behalf of the State of Georgia in a criminal case, the defendant shall have the right to cross appeal. Such cross appeal shall be subject to the same rules of practice and procedure as provided for in civil cases under Code Section 5-6-38."
SECTION 3.
Said title is further amended by striking and repealing in its entirety Code Section 5-7-1.1, relating to right of state to direct appeal in certain delinquency cases, which reads as follows:
"5-7-1.1.
An appeal may be taken by and on behalf of the State of Georgia from the juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in delinquency cases in the following instances:
(1) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; or
(2) From an order, decision, or judgment sustaining a motion to suppress evidence illegally seized in the case of motions made and ruled upon prior to the first witness being sworn."
SECTION 4.
Said title is further amended by adding at the end of Chapter 7, relating to appeal or certiorari by the state in criminal cases, a new Code Section 5-7-6 to read as follows:
"5-7-6.

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The provisions of this chapter shall be liberally construed to effect the purpose of ensuring that the State of Georgia, as representative of the people of the state in the prosecution of criminal offenses, is afforded a fair trial."

SECTION 5.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1182. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:

A bill to be entitled an Act to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to repeal certain provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Walker of the 22nd.

The Senate Natural Resources Committee offered the following substitute to HB 1182:

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A BILL
To be entitled an Act to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to change the provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources; 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 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," is amended by adding at the end thereof a new Code Section 12-16-9 to read as follows:
"12-16-9.
(a) The Environmental Protection Division Agricultural Advisory Committee is created to advise the Environmental Protection Division of the Department of Natural Resources as to the effects that proposed changes in environmental rules and regulations might have on family farms and agriculture in this state. The Environmental Protection Division shall provide all changes in Georgia's water quality rules and regulations to the committee and provide no less than 90 days for committee review and comment prior to the rule adoption. After the close of the 90 day time period allotted for committee comments, the Environmental Protection Division may promulgate the rule, or rules, consistent with other federal and state laws and regulations concerning public notice and comment, regardless of whether the committee has submitted comments thereto.
(b) The Environmental Protection Division Agricultural Advisory Committee shall consist of 12 members. One member shall be appointed by the Speaker of the House of Representatives, one member shall be appointed by the President of the Senate, five members shall be appointed by the chairperson of the Committee on Agriculture and Consumer Affairs of the House of Representatives, and five members shall be appointed by the chairperson of the Senate Agriculture Committee. The five members appointed by the chairperson of the Committee on Agriculture and Consumer Affairs of the House of Representatives shall include three members of that committee and two farmers who are actively engaged in production agriculture. The five members appointed by the chairperson of the Senate Agriculture Committee shall include three members of that committee and two farmers who are actively engaged in production agriculture. All members shall be appointed for terms beginning on the first day of the regular session of the General Assembly held in odd-numbered years, provided that the initial members of the advisory committee shall be appointed immediately upon the effective date of this Code section and shall serve until the first day of the regular session of the General Assembly held in 2001.
(c) At the first meeting in each odd-numbered year, the members of the advisory committee shall select a chairperson from among the members of the committee. The chairperson shall designate the times and places at which the committee shall meet. Seven members of the committee shall constitute a quorum for the transaction of business.
(d) The members of the advisory committee shall not receive compensation for their services but shall be reimbursed from funds of the Environmental Protection Division of the Department of Natural Resources for actual expenses incurred in the performance of their duties."
SECTION 2.
Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, is amended by striking subsection (g) of said Code section and inserting in its place the following:

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"(g)(1) With the exception of those water quality rules that directly affect livestock, dairy, poultry, or swine that are not promulgated pursuant to federal law or federally delegated programs, subsection Subsection (f) of this Code section shall not apply to the Environmental Protection Division of the Department of Natural Resources, but paragraph (2) of this subsection shall apply to the Environmental Protection Division of the Department of Natural Resources.

(2) In the event the chairman chairperson of any standing committee to which a proposed rule relative to the Environmental Protection Division of the Department of Natural Resources is assigned notifies the agency that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of the rule, it shall be the duty of the agency to consult with the committee prior to the adoption of the rule."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 417. By Senator Streat of the 19th:

A bill to be entitled an Act to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the sale of products produced by inmates, so as to provide that the Department of Corrections shall have the right to sell such goods or merchandise to private prisons that house inmates

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from the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable
Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 489. By Senators Jackson of the 50th, Lee of the 29th and Butler of the 55th:

A bill to be entitled an Act to amend Code Section 42-2-8 of the Official Code of Georgia Annotated, relating to the additional duties of the commissioner of corrections, so as to provide that the commissioner is authorized to accept on behalf of and for the benefit of the Department of Corrections gifts, grants, donations, property, and services; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Jackson of the 50th offered the following amendment:
Amend SB 489 by striking the word "commissioner" on line 4 of page 1 and inserting in lieu thereof the words "Board of Commissioners".
By striking the word "commissioner" on line 6 of page 2 and inserting in lieu thereof the words "Board of Commissioners".

By striking lines 10 through 13 on page 2 and inserting in lieu thereof the following: "personal, and mixed; and services.'"

On the adoption of the amendment, the yeas were 44, nays 0, and the Jackson 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:

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Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President assumed the Chair.

SR 580. By Senators Kemp of the 3rd, Starr of the 44th, Johnson of the 1st and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that marine vessels may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes; to authorize the General Assembly to provide by general law for the ad valorem taxation of marine vessels including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and to do so without need for uniformity of taxation with other classes of property or between or within its subclasses; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (b) and inserting in its place a new subparagraph (b) to read as follows:
"(b)(1) Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996.

(2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes , and different rates, methods, and assessment dates may be provided for such properties:

(A) Trailers.;

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(B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation.; and

(C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state.

(3) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self propelled.

(4) Marine vessels may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. The General Assembly may provide by general law for the ad valorem taxation of marine vessels including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. The General Assembly may also determine what portion of any ad valorem tax on marine vessels shall be retained by the state. As used in this subparagraph, the term 'marine vessels' means all vessels other than a seaplane used or capable of being used as a means of transportation on water."

SECTION 2.

The above-proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above-proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that marine vessels may be classified as a separate class of property for ad valorem purposes, and such class may be divided into separate subclasses for ad valorem purposes and to authorize the General Assembly provide by general law for the taxation of marine vessels including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith

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Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 54, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SB 335. By Senator Williams of the 6th:

A bill to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change certain provisions relating to special license plates for members and retired members of the Georgia National Guard; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott
Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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SB 497. By Senator Smith of the 25th:

A bill to be entitled an Act to provide a homestead exemption from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 498. By Senator Smith of the 25th:

A bill to be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Senator Price of the 56th offered the following amendment:

Amend SB 498 by striking line 8 of page 1 and inserting in lieu thereof the following:

"dates, and automatic repeal; to provide for a homestead exemption from certain Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and".

By inserting between lines 10 and 11 of page 1 the following:

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"PART I"
By inserting on line 12 of page 1, lines 6, 15, 19, 23, 27, and 33 of page 2, and lines 10 and 20 of page 3, immediately preceding the words "this Act", the following:
"Part I of".
By inserting between lines 29 and 30 of page 3 the following:
"PART II
SECTION 10.
(a) As used in Part II of this Act, the term:
(1) 'Ad valorem taxes for county purposes' means all ad valorem taxes for county purposes levied by, for, or on behalf of Fulton County, including but not limited to any ad valorem taxes for special district purposes and any taxes to pay interest on and to retire county bonded indebtedness.
(3) 'Base year' means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead.
(4) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.
(b) Each resident of Fulton County is granted an exemption on that person's homestead from all Fulton County taxes for county purposes in an amount equal to the amount, if any, by which the current year assessed value of that homestead exceeds its base year assessed value. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be calculated reflecting such removal. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Fulton County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption.
(d) The tax commissioner of Fulton County shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
(e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
(f) The exemption granted by Part II of this Act shall not apply to or affect state ad valorem taxes, county school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes.

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(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2001.

SECTION 11.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting Part II of this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2000, state-wide general election, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

'( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from certain Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?'

All persons desiring to vote for approval of Part II of the Act shall vote 'Yes,' and those persons desiring to vote for rejection of the Act shall vote 'No.' If more than one-half of the votes cast on such question are for approval of Part II of the Act, Section 10 of this Act shall become of full force and effect on January 1, 2001. If Part II of the Act is not so approved or if the election is not conducted as provided in this section, Section 10 of this Act shall not become effective and Part II of this Act shall be automatically repealed on the first day of January immediately following that election date.

The expense of such election shall be borne by Fulton County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 12.

Except as otherwise provided in Section 11 of this Act, Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

PART III"

By redesignating Section 10 as Section 13.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch
Bowen N Broun N Brown Y Brush Y Burton
Butler Y Cable Y Cagle N Cheeks Y Crotts Y Dean Y Egan N Fort Y Gillis

N Harbison Hecht
N Hill Y Hooks N Huggins N Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden N Marable N Meyer v Bremen

Y Price,R Y Price,T N Ragan Y Ray N Scott N Smith Y Starr Y Stephens Y Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas,N
Thomas,R Y Thompson

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Y Gingrey N Golden Y Guhl

Y Perdue Y Polak

Walker Y Williams

On the adoption of the amendment, the yeas were 29, nays 20, and the amendment was adopted.

Pursuant to Senate Rule 143, action on SB 498 was suspended and the bill was placed on the Senate General Calendar.

SR 511. By Senators Brush of the 24th, Harbison of the 15th, Hooks of the 14th and others:

A resolution memorializing the Congress and the President to enact legislation that recognizes the necessity of the United States government maintaining its commitment to America's military retirees by providing lifetime health care for those over the age of 65 years, that requires opening the Federal Employees Health Benefit Program to eligible uniformed armed services beneficiaries, and that addresses in any other appropriate way the concerns expressed in this resolution; and for other purposes.

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 Y Brown 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,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott
Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Thompson Walker Y Williams

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

At 12:02 p.m. the President announced that the Senate would stand in recess until 1:30 p.m.

At 1:30 p.m. the President called the Senate to order.

The Calendar was resumed.

SB 464. By Senators Stokes of the 43rd, Thompson of the 33rd and Tanksley of the 32nd:

A bill to be entitled an Act to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of

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insurance, so as to prohibit certain discrimination against victims of family violence; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Insurance and Labor Committee offered the following substitute to SB 464:
A BILL
To be entitled an Act to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit certain discrimination against victims of family violence; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, is amended in subsection (b) by striking the word "or" at the end of paragraph (13), by striking the period and inserting in its place "; or" at the end of paragraph (14) and by adding a new paragraph (15) to read as follows:
"(15)(A) As used in this paragraph:
(i) 'Family violence' means family violence as defined in Code Sections 19-13-1 and 19-13-20 and as limited by Code Section 19-13-1.
(ii) 'Confidential family violence information' means information about acts of family violence, the status of a victim of family violence, an individual's medical condition that the insurer knows or has reason to know is related to family violence, or the home and work addresses and telephone numbers of a subject of family violence.
(B) No person shall deny or refuse to accept an application; refuse to insure; refuse to renew; refuse to reissue; cancel, restrict, or otherwise terminate; charge a different rate for the same coverage; add a premium differential; or exclude or limit coverage for losses or deny a claim incurred by an insured on the basis that the applicant or insured is, has been, or may be a victim of family violence; nor shall any person take or fail to take any of the aforesaid actions on the basis that an applicant or insured provides shelter, counseling, or protection to victims of family violence.
(C) No person shall request, directly or indirectly, any information the person knows or reasonably should know relates to acts of family violence or an applicant's or insured's status as a victim of family violence or make use of such information however obtained, except for the limited purpose of complying with legal obligations, verifying an individual's claim to be a subject of family violence, cooperating with a victim of family violence in seeking protection from family violence, or facilitating the treatment of a family violence related medical condition. When a person has information in their possession that clearly indicates that the insured or applicant is a subject of family violence, the disclosure or transfer of the information by a person to any person, entity, or individual is a violation of this Code section, except:
(i) To the subject of abuse or an individual specifically designated in writing by the subject of abuse;
(ii) To a health care provider for the direct provision of health care services;
(iii) To a licensed physician identified and designated by the subject of abuse;
(iv) When ordered by the Commissioner or a court of competent jurisdiction or otherwise required by law;
(v) When necessary for a valid business purpose to transfer information that includes family violence information that cannot reasonably be segregated without undue hardship. Family violence information may be disclosed

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pursuant to this paragraph only to the following persons or entities, all of whom shall be bound by this subparagraph:
(I) A reinsurer that seeks to indemnify or indemnifies all or any part of a policy covering a subject of abuse and that cannot underwrite or satisfy its obligations under the reinsurance agreement without that disclosure;
(II) A party to a proposed or consummated sale, transfer, merger, or consolidation of all or part of the business of the person;
(III) Medical or claims personnel contracting with the person, only where necessary to process an application or perform the person's duties under the policy or to protect the safety or privacy of a subject of abuse; or
(IV) With respect to address and telephone number, to entities with whom the person transacts business when the business cannot be transacted without the address and telephone number;
(vi) To an attorney who needs the information to represent the person effectively, provided the person notifies the attorney of its obligations under this paragraph and requests that the attorney exercise due diligence to protect the confidential abuse information consistent with the attorney's obligation to represent the person;
(vii) To the policy owner or assignee, in the course of delivery of the policy, if the policy contains information about abuse status; or
(viii) To any other entities deemed appropriate by the Commissioner.
(D) It is unfairly discriminatory to terminate group coverage for a subject of family violence because coverage was originally issued in the name of the perpetrator of the family violence and the perpetrator has divorced, separated from, or lost custody of the subject of family violence, or the perpetrator's coverage has terminated voluntarily or involuntarily. Nothing in this paragraph prohibits a person from requiring the subject of family violence to pay the full premium for coverage or from requiring as a condition of coverage that the subject of family violence reside or work within its service area, if the requirements are applied to all insureds. The person may terminate group coverage after the continuation coverage required by this paragraph has been in force for 18 months, if it offers conversion to an equivalent individual plan. The continuation coverage required by this paragraph shall be satisfied by coverage required under P.L. 99-272, the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, provided to a subject of family violence and is not intended to be in addition to coverage provided under COBRA.
(E) Subparagraph (C) of this paragraph does not preclude a subject of family violence from obtaining his or her insurance records. Subparagraph (C) of this paragraph does not prohibit a person from asking about a medical condition or a claims history or from using medical information or a claims history to underwrite or to carry out its duties under the policy to the extent otherwise permitted under this paragraph and other applicable law.
(F) No person shall take action that adversely affects an applicant or insured on the basis of a medical condition, claim, or other underwriting information that the person knows or has reason to know is family violence related and which:
(i) Has the purpose or effect of treating family violence status as a medical condition or underwriting criterion;
(ii) Is based upon correlation between a medical condition and family violence;
(iii) Is not otherwise permissible by law and does not apply in the same manner and to the same extent to all applicants and insureds similarly situated without regard to whether the condition or claim is family violence related; or
(iv) Except for claim actions, is not based on a determination, made in conformance with sound actuarial and underwriting principles and guidelines generally applied in the insurance industry and supported by reasonable statistical evidence, that there is a correlation between the applicant's or insured's circumstances and a material increase in insurance risk.

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The Commissioner shall initiate appropriate action for a violation of this paragraph either after investigation pursuant to Code Section 33-6-6 or upon complaint by an applicant or insured.

(G) No person shall fail to pay losses arising out of family violence against an innocent first-party claimant to the extent of such claimant's legally insurable interest in the covered property, if the loss is caused by the intentional act of an insured against whom a complaint is brought for the act causing this loss.

(H) No person shall use other exclusions or limitations on coverage which the Commissioner has determined through the policy filing and approval process to unreasonably restrict the ability of victims of family violence to be indemnified for such losses.
(I) Nothing contained in this paragraph shall be construed to create or imply a private cause of action for a violation of this paragraph."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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 Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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. SB 443. By Senators Fort of the 39th and Walker of the 22nd:

A bill to be entitled an Act to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Office of Housing, so as to provide that single family affordable housing constructed on or after July 1, 2000, with state or federal funds awarded by the State Office of Housing shall contain certain features to make such housing more accessible to persons with mobility

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impairments; to authorize the State Office of Housing to grant certain waivers; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort
Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Dean of the 31st moved that Senator Gillis of the 20th be excused. On the motion, the yeas were 44, nays 0; the motion prevailed, and Senator Gillis was excused.

The Calendar was resumed.

SB 479. By Senators Madden of the 47th, Meyer von Bremen of the 12th, Smith of the 25th and others:

A bill to be entitled an Act to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, so as to provide for a state ombudsman and for community ombudsmen for mental health, mental retardation, and substance abuse; to provide for the duties of such state ombudsman; to provide that the state ombudsman will be under the supervision and direction of the consumers' insurance advocate; to provide for contracts for the operation of a community ombudsman program for this state and for the components of that program; to provide for reviews, responses, recommendations, and actions regarding community ombudsman investigations; to repeal conflicting laws; and for other purposes.

The Senate Insurance and Labor Committee offered the following substitute to SB 479:
A BILL
To be entitled an Act to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, so as to provide for a state ombudsman and for community ombudsmen for mental health, mental retardation, and substance abuse; to provide for the duties of such state ombudsman; to provide that the state ombudsman will be under the supervision and direction of the consumers'

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insurance advocate; to provide for contracts for the operation of a pilot community ombudsman program for this state and for the components of that program; to provide for reviews, responses, recommendations, and actions regarding community ombudsman investigations; to prohibit discrimination and retaliation and provide for criminal penalties and other sanctions; to provide for complaint summaries; to limit access to certain information and records; to provide for immunity from liability; to provide for ineligibility of persons as community service board and regional board members; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, is amended by adding at the end a new article to read as follows:
"ARTICLE 2
37-2-30.
As used in this article, the term:
(1) 'Community ombudsman' means an employee of a nonprofit corporation which contracts to carry out the program.
(2) 'Disability' and 'disability services' have the same meaning as provided in Code Section 37-2-2.
(3) 'Nonprofit corporation' means a nonprofit corporation which is exempt from taxation under Section 501(c) (3) of the Internal Revenue Code of 1986.
(4) 'Patient' means a person with a disability who receives or is eligible to receive disability services.
(5) 'Program' means the state community ombudsman program operated pursuant to Code Section 37-2-32.
(6) 'Services provider' means a community service board, regional board, or state or local governmental entity which provides disability services to patients or which contracts for the provision of those services or any person, corporation, or business which provides disability services to patients.
(7) 'State ombudsman' means the state ombudsman for mental health, mental retardation, and substance abuse created under Code Section 37-2-31.
37-2-31.
There is created the state ombudsman for mental health, mental retardation, and substance abuse who shall be a fulltime state employee under the supervision and direction of the consumers' insurance advocate in the Governor's Office of Consumer Affairs under Code Section 33-57-3.
37-2-32.
(a) The state ombudsman shall contract with one or more nonprofit corporations to operate a pilot community ombudsman program in one or more regional board districts in this state. A nonprofit corporation shall not be eligible for such contract unless that corporation has experience in advocacy for patients and has demonstrated the ability to establish, implement, and maintain an effective community ombudsman program for this state.
(b) Each nonprofit corporation which operates the program shall implement the program components as follows:
(1) Recruit and train volunteers and employees to help carry out the functions of the program;

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(2) Educate the public about the program;
(3) Mediate and advocate on behalf of patients and their families regarding disability services;
(4) At the request of a patient, or upon receiving a complaint or other information affording reasonable grounds to believe that the rights of a patient who is not capable of requesting assistance have been adversely affected, direct community ombudsmen to gather, analyze, and review information on behalf of the patient regarding the actions of a disability services provider;
(5) Maintain records of its activities pursuant to this subsection and report to the state ombudsman at least quarterly on such activities; and
(6) At reasonable times, in conducting a review under paragraph (4) of this subsection, enter upon and view the premises of a disability services provider where such services are provided.
37-2-33.
(a) A community ombudsman who conducts a review under paragraph (4) of subsection (b) of Code Section 37-2-32 shall, upon completion of that review, notify the complainant and the services provider of such completion and the findings thereof. That provider shall respond to the findings within 15 days after receipt thereof.
(b) The community ombudsman may make recommendations to the services provider no sooner than 30 days after that ombudsman transmitted to the provider the ombudsman's findings. That provider shall respond to the community ombudsman regarding what actions, if any, it has taken or will take with regard to such recommendations no later than 15 days after receipt thereof and provide reasons for not following any of such recommendations. If the community ombudsman determines that the services provider without good cause did not follow any of such recommendations, that fact and any reasons given therefor shall be reported to the state ombudsman for any action the state ombudsman deems appropriate.
37-2-34.
(a) No person shall discriminate or retaliate in any manner against a patient, employee of a services provider, or any other person because of the making of a complaint or the providing of information in good faith to the state ombudsman or community ombudsman. No person shall willfully interfere with the state ombudsman or community ombudsman in the performance of their duties.
(b) Any person who violates subsection (a) of this Code section shall, upon conviction thereof, be guilty of a misdemeanor.
(c) A member of a regional board or community service board who violates subsection (a) of this Code section shall be subject to permanent removal from such board by the commissioner, and such action shall be a contested case within Article 1 of Chapter 13 of Title 50, relating to administrative procedure.
(d) A services provider which violates subsection (a) of this Code section shall be subject to having terminated any contract with the state to provide disability services, having to pay a civil penalty of at least $500.00, or having to suspend without pay for at least two months or terminate any employee of such provider who violates subsection (a) of this Code section, or any combination of such sanctions, but such action against the provider shall be a contested case within Article 1 of Chapter 13 of Title 50, relating to administrative procedure.
37-2-35.
(a) Each community ombudsman shall provide to the state ombudsman a listing of all complaints investigated by that community ombudsman under paragraph (4) of subsection (b) of Code Section 37-2-32 and all findings, responses, and recommendations resulting therefrom. The state ombudsman shall compile a summary of such data by services provider and specific types of complaints for transmission to the division director.

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(b) Information and records of the state ombudsman or community ombudsman shall not be public records subject to disclosure under Article 4 of Chapter 18 of Title 50 and shall not be subject to subpoena or discovery proceedings, except that the summary compilation required under subsection (a) of this Code section shall be such a public record.
37-2-36.
A nonprofit corporation which operates a community ombudsman program and any employee thereof shall be immune from civil and criminal liability in the performance of their duties and functions in accordance with this article."
SECTION 2.
Said chapter is further amended by striking subsection (b.2) of Code Section 37-2-5, relating to policy duties of regional boards, and inserting in its place the following:
"(b.2)(1) A member of the community service board may not also serve as a member of the regional board or be an employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from the community service board. A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(A) A member of the regional board which serves the region in which that community service board is included; or
(B) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board.
(2) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in subparagraph (A) or (B) of paragraph (1) of this subsection. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional board until a period of at least two years have passed since the time such person served on the community service board, and no person who has served a full term or more on a regional board may be appointed to a community service board until a period of at least two years have passed since the time such person served on the regional board."
SECTION 3.
Section 1 of this Act shall become effective only if funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. The remaining provisions of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 0, nays 48, and the committee substitute was lost.
Senator Madden of the 47th offered the following substitute to SB 479:
A BILL
To be entitled an Act to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, so as to provide for a state ombudsman and community ombudsmen for mental health, mental retardation, and substance abuse; to provide for definitions; to provide for the appointment and removal of the state ombudsman and for such position to be under the supervision and direction of

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the consumers' insurance advocate; to provide for qualifications, powers, and duties of the state ombudsman; to provide for contracts to operate a community ombudsman program and for certification, powers, and duties of community ombudsmen; to provide for investigations regarding disability services providers and standards and procedures relating thereto; to provide for complaint resolution and actions and referrals relating thereto; to provide for reports; to provide for confidentiality of information; to provide for notices; to prohibit certain conduct and provide for sanctions and penalties; to provide for immunity from liability; to provide for statutory construction, rules, and regulations; to provide for ineligibility of persons as community service board and regional board members; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, is amended by adding at the end a new article to read as follows:
"ARTICLE 2
37-2-30.
As used in this article, the term:
(1) 'Community ombudsman' means a person certified as a community ombudsman pursuant to Code Section 37-232.
(2) 'Disability' and 'disability services' have the same meaning as provided in Code Section 37-2-2.
(3) 'Nonprofit corporation' means a nonprofit corporation which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 and which is not a services provider.
(4) 'Patient' means a person with a disability who receives or is eligible to receive disability services from a services provider located in a regional board district in which the program is operated.
(5) 'Program' means the community ombudsman program operated pursuant to Code Section 37-2-32.
(6) 'Services provider' means a community service board or state or local governmental entity, but not a regional board, which provides disability services to patients or which contracts for the provision of those services or any person, corporation, or business which provides disability services to patients and which provider is located in a regional board district in which the program is operated.
(7) 'State ombudsman' means the state ombudsman for mental health, mental retardation, and substance abuse created under Code Section 37-2-31.
37-2-31.
There is created the state ombudsman for mental health, mental retardation, and substance abuse who shall be a fulltime state employee appointed and subject to removal by the Governor and under the supervision and direction of the consumers' insurance advocate in the Governor's Office of Consumer Affairs under Code Section 33-57-3. The state ombudsman shall have the powers and duties set forth in this article. The state ombudsman shall be a person qualified by training and experience in the field of disability services. The state ombudsman shall promote the wellbeing and quality of life of patients and encourage the development of community ombudsman activities at the local level.
37-2-32.

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The state ombudsman shall contract with one or more nonprofit corporations to operate a community ombudsman program in one or more regional board districts in this state. A nonprofit corporation shall not be eligible for such contract unless that corporation has experience in complaint resolution for patients and employs as community ombudsmen only such persons as are certified as such by the state ombudsman. The state ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in this article. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the state ombudsman prior to certification. Such training shall include an internship of at least seven working days with a services provider. Upon certification, the state ombudsman shall issue an identification card which shall be presented upon request by community ombudsmen in order to carry out the purposes of this article. Two years after first being certified and every two years thereafter, each such community ombudsman, in order to carry out his or her duties under this article, shall be recertified by the state ombudsman as continuing to meet the standards established by the state ombudsman for community ombudsmen.
37-2-33.
The state ombudsman shall:
(1) Establish policies and procedures for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of patients concerning any act, omission to act, practice, policy, or procedure of a services provider that may adversely affect the health, safety, or welfare of any patient or the delivery of disability services to such patient;
(2) Investigate and make reports and recommendations to the department and other appropriate agencies concerning any act or failure to act by any services provider with respect to its responsibilities and duties in connection with patients receiving or eligible to receive disability services from such provider;
(3) Establish a uniform state-wide reporting system to record data about complaints and conditions with regard to services providers and collect and analyze such data in order to identify significant problems affecting patients receiving or eligible to receive disability services from such providers;
(4) Promote the development of community ombudsmen activities and provide technical assistance as necessary; and
(5) Make an annual written report, documenting the types of complaints and problems reported by patients and others on their behalf, to the director of the division for his or her recommendations to the commissioner concerning needed policy, regulatory, and legislative changes.
37-2-34.
Pursuant to policies and procedures established by the state ombudsman, each community ombudsman shall:
(1) Learn about the general conditions affecting patients and work for the best interest of these patients;
(2) Receive, investigate, and attempt to resolve complaints made by or on behalf of patients;
(3) Collect data about the number and types of complaints handled; and
(4) Report regularly to the state ombudsman about the data collected and the activities of the community ombudsmen.
37-2-35.
(a) The state ombudsman or a community ombudsman, on his or her initiative or in response to complaints made by or on behalf of patients, may conduct investigations in matters within his or her powers and duties as provided by this article.

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(b) The state ombudsman or a community ombudsman shall have the authority to enter any facility of a services provider and shall use his or her best efforts to enter such facility during normal business hours. Upon entering such facility, the ombudsman shall notify the administrator or, in the absence of the administrator, the person in charge of the facility, before speaking to any patient. After notifying the administrator or the person in charge of the facility, the ombudsman may communicate privately and confidentially with patients in the facility, individually or in groups. The ombudsman shall have access to the medical, social, and disability records of any patient if:
(1) The ombudsman has the permission of the patient or the legal representative or guardian of the patient;
(2) The patient is unable to consent to the review and has no legal representative or guardian; or
(3) There is a guardian of the person of the patient and that guardian refuses to permit access to the records necessary to investigate a complaint, and:
(A) There is reasonable cause to believe that the guardian is not acting in the best interest of the patient; and
(B) A community ombudsman obtains the approval of the state ombudsman.
As used in this Code section, the term 'legal representative' means an agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care; or an executor, executrix, administrator, or administratrix of the estate of a deceased patient. The ombudsman shall have the authority to inspect the physical plant and have access to the administrative records, policies, and documents of the facility to which the patients have or the general public has access. Entry and investigation as provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of disability services to patients.
(c) The state ombudsman or community ombudsman shall identify himself or herself as such to the patient, and the patient shall have the right to communicate or refuse to communicate with the ombudsman.
(d) The patient or the patient's legal representative shall have the right to participate in planning any course of action to be taken on the patient's behalf by the state ombudsman or community ombudsman, and the patient or such representative shall have the right to approve or disapprove any proposed action to be taken on the patient's behalf by such ombudsman.
(e) The state ombudsman or community ombudsman shall have the authority to obtain from any governmental agency or services provider which receives state funds for disability services, and such agency or provider shall provide cooperation and assistance, services, data, and access to, such files and records as will enable the ombudsman properly to perform his or her duties and exercise his or her powers, provided that such information is not privileged under any law.
(f) Where the subject of the investigation involves suspected abuse, neglect, or exploitation of a patient by his or her guardian, the state ombudsman or community ombudsman shall have the authority to communicate with the patient in a private and confidential setting notwithstanding any objection by the guardian to such meeting and communication.
37-2-36.
(a) Following an investigation, the state ombudsman or community ombudsman shall report his or her opinions or recommendations to the party or parties affected thereby and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation, conciliation, and persuasion. With respect to a complaint against the services provider, the ombudsman shall first notify the administrator or person in charge of that provider in writing and give such person a reasonable opportunity to correct any alleged defect. If the administrator or person in charge fails to take corrective action after a reasonable amount of time or if the defect seriously threatens the safety or wellbeing of any patient, the state ombudsman or community ombudsman may refer the complaint to the appropriate regional board and any other appropriate agency.

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(b) Complaints or conditions adversely affecting patients which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the state ombudsman or community ombudsman to the appropriate regional board and any other appropriate agency.
(c) A community ombudsman shall not disclose to the public, either directly or indirectly, the identity of any services provider which is the subject of an investigation unless and until the matter has been reviewed by the office of the state ombudsman and the matter has been referred to the appropriate regional board and any other appropriate governmental agency for action.
37-2-37.
Any person who has reasonable cause to believe that a patient is being or has been abused, neglected, exploited, or abandoned or is in a condition which is the result of abuse, neglect, exploitation, or abandonment, or is being denied disability services for which such patient is eligible may report such information or cause a report to be made in any reasonable manner to the state ombudsman or community ombudsman, if any.
37-2-38.
The identity of any complainant, patient on whose behalf a complaint is made, or individual providing information on behalf of the patient or complainant relevant to the investigation of a complaint shall be confidential and may be disclosed only with the express permission of such person. The information produced by an investigation may be disclosed by the state ombudsman or community ombudsman only if the identity of any such person is not disclosed by name or inference. If the identity of any such person is disclosed by name or inference in such information, the information may be disclosed only with his or her express permission. If the complaint becomes the subject of a judicial proceeding, such investigative information may be disclosed for the purpose of the proceeding.
37-2-39.
The state ombudsman shall prepare and distribute to each services provider in the state and regional board in which the program is operated a written notice describing the program and the procedure to follow in making a complaint, including the address and telephone number of the state ombudsman and community ombudsman. The administrator or person in charge of such provider shall give the written notice required by this Code section to each patient who receives disability services from such provider and his or her legally appointed guardian, if any, upon first providing such services. The administrator or person in charge shall also post such written notice in conspicuous public places in the facility in which disability services are provided in accordance with procedures provided by the state ombudsman and shall give such notice to any patient and his or her legally appointed guardian, if any, who did not receive it upon the patient's first receiving disability services. The failure to provide the notices required by this Code section shall be a ground upon which the director of the division may impose the civil penalty authorized by paragraph (2) of subsection (c) of Code Section 37-2-40 under the conditions specified in subsection (d) of Code Section 37-2-40.
37-2-40.
(a) No person shall discriminate or retaliate in any manner against any patient or relative or guardian of a patient, any employee of a services provider, or any other person because of the making of a complaint or the providing of information in good faith to the state ombudsman or community ombudsman. No person shall willfully interfere with the state ombudsman or community ombudsman in the performance of his or her official duties.
(b) A member of a regional board or community service board who violates subsection (a) of this Code section shall be subject to permanent removal from such board by the director of the division.

(c) A services provider which violates subsection (a) of this Code section shall be subject to one or more of the following sanctions which may be imposed by the director of the division:

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(1) The termination of any contract for which state funds are received for the provision of disability services if such contract was executed on or after the date this article becomes effective;
(2) The payment of a civil penalty not to exceed $5,000.00 for each violation; or
(3) Having to suspend without pay for a period of at least two months or terminate any employee of such provider determined to have committed the violation.
(d) An action against a member of a regional board, community service board, or services provider under this Code section shall be a contested case within Article 1 of Chapter 13 of Title 50, relating to administrative procedure.
37-2-41.
Notwithstanding any other provision of law, no person providing information, including but not limited to patient records, to the state ombudsman or community ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false.
37-2-42.
Any person who, in good faith, makes a complaint or provides information as authorized in this article shall incur no civil or criminal liability therefor. Any state or community ombudsman who, in good faith, performs his or her official duties, including but not limited to making a statement or communication relevant to a complaint received or an investigative activity conducted pursuant to this article, shall incur no civil or criminal liability therefor.
37-2-43.
Nothing in this article shall be construed to limit the power of the department to investigate complaints where otherwise authorized by law.
37-2-44.
The state ombudsman shall promulgate rules and regulations to implement this article."
SECTION 2.
Said chapter is further amended by striking subsection (b.2) of Code Section 37-2-5, relating to policy duties of regional boards, and inserting in its place the following:
"(b.2)(1) A member of the community service board may not also serve as a member of the regional board or be an employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from the community service board. A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(A) A member of the regional board which serves the region in which that community service board is included; or
(B) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board.
(2) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in subparagraph (A) or (B) of paragraph (1) of this subsection. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional board until a period of at least two years have passed since the time such person served on the community service board, and no person who has served a full term or more on a regional board may be

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appointed to a community service board until a period of at least two years have passed since the time such person served on the regional board."

SECTION 3.

Section 1 of this Act shall become effective only if funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. The remaining provisions of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 43, nays 0, and the Madden substitute was adopted.

Pursuant to Senate Rule 143, action on SB 479 was suspended and the bill was placed on the Senate General Calendar.

SB 450.

By Senators Hill of the 4th, Hecht of the 34th, Lee of the 29th and Tanksley of the 32nd:
A bill to be entitled an Act to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as provides that it shall be unlawful to possess such firearm or knife while committing or attempting to commit any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance, marijuana, counterfeit substance, or noncontrolled substance; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort E Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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.

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The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House:

HB 1609.

By Representatives Murphy of the 18th, Mosley of the 171st, Dixon of the 168th and others:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983".

The Calendar was resumed.

SB 366. By Senator Thompson of the 33rd:

A bill to be entitled an Act to amend Article 1 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of maintenance and use of public roads generally, so as to require agreements between a railroad company and an affected municipality or county regarding the closing of certain crossings; to authorize counties and municipalities to seek injunctions and damages, including attorney's fees, against railroad companies that violate such requirement; to provide for legislative intent; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senator Thompson of the 33rd offered the following amendment:

Amend SB 366 by adding on line 4 on page 2 (and renumbering appropriately) a new subsection (c) to read as follows:

"Nothing in this Code section shall preclude a railroad company from temporarily closing a crossing for maintenance or safety purposes."

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle
Cheeks Y Crotts Y Dean Y Egan Y Fort

Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R

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E Gillis Y Gingrey Y Golden Y Guhl

Y Meyer v Bremen Perdue
Y Polak

Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended. SB 477. By Senators Ragan of the 11th and Meyer von Bremen of the 12th:

A bill to be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the certification and labeling of organic food and feed; to provide a short title; to provide definitions; to provide for what constitutes organic food or feed; to provide for items which may be used in the production, preservation, and processing of plants and animals intended to meet the standard of identity for organic food or feed; to provide for regulation of identification, advertisement, promotion, labeling, and packaging of organic food and feed; to provide for regulation and standards for production, distribution, and processing practices; to repeal conflicting laws; and for other purposes.

The Senate Agriculture Committee offered the following substitute to SB 477:

A BILL
To be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the certification and labeling of organic food and feed; to provide a short title; to provide definitions; to provide for regulation of identification, advertisement, promotion, labeling, and packaging of organic food and feed; to provide for regulation and standards for production, distribution, and processing practices; to prohibit the use of the words "certified organic by" in the advertising, promotion, packaging, or labeling of food or feed ingredients, articles, commodities, or products except under certain conditions; to prohibit certain substitutions and commingling; to provide for labeling of organic food or feed ingredients, articles, commodities, and products; to provide for inspections and analyses; to provide for fees; to provide for rules and regulations; to provide for practices and procedures; to provide for appeals; to provide for penalties; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at the end thereof a new Chapter 21 to read as follows:

"CHAPTER 21

2-21-1.

This chapter shall be known and may be cited as the 'Georgia Organic Certification and Labeling Act.' 2-21-2.

As used in this chapter, the term:

(1) 'Certification' means the verification of authentic organic practices in the production or processing of organic food or feed and is an annual process by which the producer or processor of fresh, wholesale, or retail organic food or feed receives written certification from the department or a department approved certifying entity that, through the on-site inspection of the production, storage, processing, transportation, distribution, and required audit trail

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practices used by an organic producer or processor, consumers are assured that organic food or feed is produced and processed in compliance with Code Section 2-21-3. For purposes of complying with Code Section 2-21-3, certification does not require membership in nor imply a contractual agreement to produce or process organic food or feed for a certifying organic organization, business, firm, or individual. However, certification or the use of organic labeling shall require the maintenance of records and documentation verifying full compliance with the organic standards. All records shall be made available to the department or an approved certifying entity upon request.
(2) 'Certifying entity' means any organization, business, firm, or individual that:
(A) Has standards for certification of organic food or feed production or processing which meet or exceed standards set by the department and which are approved in writing by the Commissioner or his or her designee; and
(B) Meets such education, experience, financial, and ethical standards as are set by rules promulgated by the Commissioner and meets the requirements of Chapter 5 of this title.
(3) 'Commissioner' means the Commissioner of Agriculture of this state.
(4) 'Department' means the Georgia Department of Agriculture.
(5) 'Feed' means any article or substance normally intended to be consumed by animals for physical subsistence and health.
(6) 'Food' means any article or substance normally intended to be consumed by humans for physical subsistence and health.
(7) 'Organic' means an agriculture management system that enhances biodiversity, biological cycles, and soil biological activity to produce agricultural commodities and foster human and environmental health.
2-21-3.
(a) Upon testing, any agricultural ingredient, article, commodity, or product which is identified, labeled, advertised, packaged, or promoted as organic shall contain no more than 5 percent of a level established as toxic by the United States Food and Drug Administration, the United States Environmental Protection Agency, the Environmental Protection Division of the Department of Natural Resources, or the United States Department of Agriculture.
(b) Producers, brokers, distributors, and processors of an organic food or feed product which is identified, advertised, promoted, labeled, or packaged as organic shall keep accurate records of all purchasing, shipping, and storage practices which transpired while any organic commodity or product was in the possession of a producer, broker, distributor, or processor. Accurate records shall include the location at which such organic commodity or product originated.
(c) Upon the effective date of this chapter, any qualifying organic production, distribution, or processing practices shall be deemed eligible for certification upon approval by the department. The department shall review any organic production, distribution, or processing practice which began prior to the effective date of this chapter and may approve certification if such practice meets the requirements as set forth in this chapter and the standards adopted by the department.
2-21-4.
(a) No person may use the words 'certified organic by' in the identification, advertising, promotion, packaging, or labeling of a food or feed ingredient, article, commodity, or product unless that ingredient, article, commodity, or product complies with the requirements of Code Section 2-21-3 and unless the producer, distributor, or processor has a certification in good standing from the department.

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(b) No person who produces, processes, distributes, or transports an advertised, promoted, identified, tagged, stamped, packaged, or labeled organic food or feed ingredient, article, commodity, or product may substitute or commingle any ingredient, article, commodity, or product which does not comply with Code Section 2-21-3.
(c) Any fresh, wholesale or retail organic food or feed ingredient, article, commodity, or product shall be tagged, stamped, labeled, crated, bagged, packaged, or be in any other standardized form which complies with state and federal regulations pertaining to inspection, identity, contents, weight, measure, and grade and must bear the official seal of the certifying entity which provides certification of the organic production, distribution, or processing practices for such organic food or feed ingredient, article, commodity, or product.
(d) Any food or feed ingredient, article, commodity, or product labeled as organic must be certified by the department or a department approved certifying entity as meeting the requirements of this chapter prior to being sold in the State of Georgia after July 1, 2000.
2-21-5.
(a) The department or a department approved certifying entity may inspect at any reasonable time any area where food or feed identified, labeled, advertised, packaged, or promoted as organic food or feed is produced, processed, stored, distributed, transported, or sold.
(b) The department or a department approved certifying entity may require a laboratory analysis for the purpose of substantiating the standard of identity of any organic ingredient, article, commodity, or product.
2-21-6.
(a) The Commissioner shall promulgate rules and regulations fixing and establishing reasonable definitions and standards for organic food and feed commodities or products being produced or sold within the State of Georgia.
(b) The Commissioner may adopt, by reference, pursuant to Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act,' regulations for production, handling, and marketing of organically produced agricultural products as set forth by the United States Department of Agriculture.
(c) The Commissioner is authorized by rule or regulation to adopt fees which may be charged, collected, and retained by certifying entities as compensation for the services of such certifying entities under the provisions of this chapter.
(d) The Commissioner is authorized to adopt reasonable rules and regulations necessary to carry out this chapter, to provide for the approval of certifying entities, and to provide for the certification of organic food and feed.
2-21-7.
Any person, producer, broker, distributor, or processor of an organic food or feed product which is adversely affected by any action of an approved certifying entity shall have the right to appeal to the Commissioner. Such appeal and any further proceedings shall be subject to Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.'
2-21-8.
Any person who violates any provision of this chapter shall be guilty of a misdemeanor."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

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The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort E Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee
Madden Y Marable Y Meyer v Bremen
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SR 539. By Senator Madden of the 47th:

A resolution urging Congressional support of the proposed "State and Local Government Economic Empowerment Act"; and for other purposes.

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 Y Brown N Brush N Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean N Egan
Fort E Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt
Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker N Williams

Monday, March 6, 2000
On the adoption of the resolution, the yeas were 36, nays 14. The resolution, having received the requisite constitutional majority, was adopted. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow. The motion prevailed, and the President announced the Senate adjourned at 2:31 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, March 7, 2000
Thirty-second Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Starr of the 44th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1631.

By Representative Smith of the 109th:
A bill to amend an Act providing for the Board of Education of Butts County, so as to change the compensation of the members and chairperson of that board.

HB 1632.

By Representative Skipper of the 137th: A bill to create the Americus-Sumter County Airport Authority.

HB 1633.

By Representative Skipper of the 137th: A bill to create the Americus-Sumter County Park and Recreation Authority.

HB 1636.

By Representatives Manning of the 32nd, Sauder of the 29th, Shipp of the 38th and others: A bill to create the Marietta Revitalization Authority.

HB 1638.

By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:
A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, so as to revise the exemption; to increase the maximum annual income for eligible residents.

HB 1639.

By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to revise and change certain homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over.

Tuesday, March 7, 2000

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HB 1641.

By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to revise and change a certain homestead exemption for persons who are 75 years of age or over.

HB 815.

By Representatives Greene of the 158th, Smith of the 12th, Jenkins of the 110th and others:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or its departments or agencies, so as to change the date after which compensation resolutions may not be introduced; to change the date after which the Claims Advisory Board shall make no further recommendations on claims to the General Assembly.

HB 1236.

By Representatives Hudgens of the 24th, Royal of the 164th, Tolbert of the 25th 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 exemption with respect to the sale or use of liquefied petroleum gas or other fuel used in a structure in which broilers, pullets, or other poultry are raised.

HB 1245.

By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the weighing of leaf tobacco; to provide for weight tickets; to provide requirements for the sale of leaf tobacco.

HB 1422.

By Representatives Sinkfield of the 57th, Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Murphy of the 18th and others:
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 a short title, legislative intent, and definitions; to create the Office of the Child Advocate in the office of the Governor; to provide for administrative assignment; to provide for staff and personnel; to provide for contracts; to provide for duties, rights, and powers; to hold harmless certain persons from certain losses; to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, so as to provide for public access to certain child abuse records.

HB 1268.

By Representatives Barnes of the 97th, Dodson of the 94th, Benefield of the 96th and others:
A bill to amend Chapter 62A of Title 36 of the Official Code of Georgia Annotated, relating to conduct of members of local authorities, so as to provide for training for members of local development authorities.

HB 591.

By Representatives Martin of the 47th, Royal of the 164th, Irvin of the 45th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for creation of municipal and county code enforcement boards.

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HB 1540.

By Representative Martin of the 47th:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury in general, so as to provide for interest on the late payments for alimony and in divorce cases in which the award includes a specified amount to be paid in installments.

HB 1373.

By Representative Irvin of the 45th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to powers of municipal corporations, so as to provide for uniformity of water use restrictions during droughts.

HB 1553.

By Representatives Skipper of the 137th, Benefield of the 96th, Murphy of the 18th and others:
A bill to amend Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, so as to provide for allocation of transportation funds.

HB 1412.

By Representative Richardson of the 26th:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to require the Department of Corrections to notify the sentencing judge, sheriff, and victims when an inmate is released.

HB 1308.

By Representatives Ashe of the 46th, Stuckey of the 67th, Murphy of the 18th and others:
A bill to enact the "Equity in Sports Act"; to provide for a short title; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to prohibit discrimination based on gender in elementary and secondary school athletic programs.

HB 1534.

By Representatives Coleman of the 142nd, Benefield of the 96th and Shaw of the 176th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions governing law enforcement officers and agencies, so as to provide that all members of a law enforcement department shall wear identifiable and similar uniforms; to provide that law enforcement officers must use blue lights on top of their vehicles when pursuing a suspect.

HB 1352.

By Representatives Jackson of the 148th, Jones of the 71st, Williams of the 114th and others:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding professions and businesses, so as to provide for special licensing of certain retired and other health care practitioners; to provide for a short title and definitions; to provide for conditions and limitations.

HB 1354.

By Representative Crawford of the 129th:

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A bill to amend Part 1 of Article 3 of Chapter 3 of Title 23 of the Official Code of Georgia Annotated, relating to conventional quia timet, so as to provide for optional submission to a special master; to provide for the use of conventional quia timet to remove clouds on title caused by equities of redemption following tax sales.

HB 1464.

By Representatives Jamieson of the 22nd and McCall of the 90th:
A bill to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to specify conditions under which such districts shall not be liable for certain loss, damage, injury, or death.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 331.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th, Blitch of the 7th and others:

A bill to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to dealers in agricultural products, so as to change the provisions relating to the exemption of holders of food sales establishment licenses from the provisions of such article; to repeal conflicting laws.

The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate:

HR 976.

By Representative Parham of the 122nd:

A resolution compensating Mr. Robert Sanford.

SR 172.

By Senator Polak of the 42nd:

A resolution declaring March 2, 1999, as the "Governor's Council on Developmental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governor's Council on Developmental Disabilities provides to individuals with disabilities, their families, and the greater community at large, to enhance the quality of life for people with developmental disabilities.

The following bill of the Senate was introduced, read the first time and referred to committee:

SB 537. By Senator Lamutt of the 21st:

A bill to be entitled an Act to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to provide for optional occupancy restrictions for certain rental properties; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Veterans and Consumer Affairs.

The following bills and resolution of the House were read the first time and referred to committees:

HB 591. By Representatives Martin of the 47th, Royal of the 164th, Irvin of the 45th and others:

A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for creation of municipal and county code enforcement boards; and for other purposes.

Referred to the Committee on State and Local Governmental Operations (General).

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HB 815.

By Representatives Greene of the 158th, Smith of the 12th, Jenkins of the 110th and Whitaker of the 7th:

A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or its departments or agencies, so as to change the date after which compensation resolutions may not be introduced; to change the date after which the Claims Advisory Board shall make no further recommendations on claims to the General Assembly; and for other purposes.

Referred to the Committee on Appropriations.

HB 1236. By Representatives Hudgens of the 24th, Royal of the 164th, Tolbert of the 25th and others:

A bill to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied petroleum gas or other fuel used in a structure in which broilers, pullets, or other poultry are raised; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Finance and Public Utilities.

HB 1245. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:

A bill to be entitled an Act to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the weighing of leaf tobacco; to provide for weight tickets; to provide requirements for the sale of leaf tobacco; to provide for payments based on certain weights; to provide for adjusted settlements and the procedure and requirements related thereto; to provide for tolerances; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture.

HB 1268. By Representatives Barnes of the 97th, Dodson of the 94th, Benefield of the 96th and others:

A bill to be entitled an Act to amend Chapter 62A of Title 36 of the Official Code of Georgia Annotated, relating to conduct of members of local authorities, so as to provide for training for members of local development authorities; to define a term; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Economic Development, Tourism and Cultural Affairs.

HB 1308. By Representatives Ashe of the 46th, Stuckey of the 67th, Murphy of the 18th and others:

A bill to be entitled an Act to enact the "Equity in Sports Act"; to provide for a short title; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to prohibit discrimination based on gender in elementary and secondary school athletic programs; to provide for the operation or sponsorship of separate athletic teams for members of each gender under certain circumstances; to require local school systems to provide equal athletic opportunity for members of both genders; to provide for the offering of athletic activities or sports for which athletic scholarships are available, under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

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HB 1352. By Representatives Jackson of the 148th, Jones of the 71st, Williams of the 114th and others:
A bill to be entitled an Act to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding professions and businesses, so as to provide for special licensing of certain retired and other health care practitioners; to provide for a short title and definitions; to provide for conditions and limitations; to provide for liability and immunity from liability; to provide for statutory construction; to provide for automatic repeal and expiration of licenses; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
HB 1354. By Representative Crawford of the 129th:
A bill to be entitled an Act to amend Part 1 of Article 3 of Chapter 3 of Title 23 of the Official Code of Georgia Annotated, relating to conventional quia timet, so as to provide for optional submission to a special master; to provide for the use of conventional quia timet to remove clouds on title caused by equities of redemption following tax sales; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1373. By Representative Irvin of the 45th:
A bill to be entitled an Act to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to powers of municipal corporations, so as to provide for uniformity of water use restrictions during droughts; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1412. By Representative Richardson of the 26th:
A bill to be entitled an Act to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to require the Department of Corrections to notify the sentencing judge, sheriff, and victims when an inmate is released; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Corrections, Correctional Institutions and Property.
HB 1422. By Representatives Sinkfield of the 57th, Smith of the 175th, Turnquest of the 73rd and others:
A bill to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to juvenile proceedings, so as to provide for a short title, legislative intent, and definitions; to create the Office of the Child Advocate in the office of the Governor; to provide for administrative assignment; to provide for staff and personnel; to provide for contracts; to provide for duties, rights, and powers; to hold harmless certain persons from certain losses; to amend Code Section 49-5-41 of the O.C.G.A., relating to persons and agencies permitted access to records concerning reports of child abuse, so as to provide for public access to certain child abuse records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
HB 1464. By Representatives Jamieson of the 22nd and McCall of the 90th:
A bill to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to specify conditions under which such districts shall not be liable for certain loss, damage, injury, or death; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
HB 1534. By Representatives Coleman of the 142nd, Benefield of the 96th and Shaw of the 176th:
A bill to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions governing law enforcement officers and agencies, so as to provide that all members of a law enforcement department shall wear identifiable and similar uniforms; to provide that law enforcement officers must use blue lights on top of their vehicles when pursuing a suspect; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 1540. By Representative Martin of the 47th:
A bill to be entitled an Act to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury in general, so as to provide for interest on the late payments for alimony and in divorce cases in which the award includes a specified amount to be paid in installments; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1553. By Representatives Skipper of the 137th, Benefield of the 96th, Murphy of the 18th and others:
A bill to be entitled an Act to amend Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, so as to provide for allocation of transportation funds; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 1609. By Representatives Murphy of the 18th, Mosley of the 171st, Dixon of the 168th and others:
A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered without prior approval; to provide for duties of the Secretary of State regarding applications for registration; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1631. By Representative Smith of the 109th:
A bill to be entitled an Act to amend an Act providing for the Board of Education of Butts County, approved March 30, 1987 (Ga. L. 1987, p. 4919), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4869), so as to change the compensation of the members and chairperson of that board; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1632. By Representative Skipper of the 137th:
A bill to be entitled an Act to create the Americus-Sumter County Airport Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the

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appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1633. By Representative Skipper of the 137th:
A bill to be entitled an Act to create the Americus-Sumter County Parks and Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, hiking, camping, and picnicking areas and facilities, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1636. By Representatives Manning of the 32nd, Sauder of the 29th, Shipp of the 38th and others:
A bill to be entitled an Act to create the Marietta Revitalization Authority; to provide for the duties, membership, appointment of members, qualifications, terms of office, rules of operation, officers, compensation, and staff and professional services for such authority; to provide that the authority is not authorized to issue bonds or levy taxes, fees, or assessments; to authorize acceptance and use of gifts, donations, or grants; to provide for annual recommendations; to repeal conflicting laws, and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1638. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:
A bill to be entitled an Act to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, approved March 25, 1986 (Ga. L. 1986, p. 4530), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4484), an Act approved April 13, 1992 (Ga. L. 1992, p. 6114), and an Act approved April 1, 1996 (Ga. L. 1996, p. 3811), so as to revise the exemption; to increase the maximum annual income for eligible residents; to specify the terms, conditions, and procedures relative to the exemption; to provide for a referendum, effective dates, applicability, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1639. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:
A bill to be entitled an Act to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, by an Act approved March 24, 1988 (Ga. L. 1988, p. 4856), an Act approved April 13, 1992 (Ga. L. 1992, p. 5902), an Act approved April 1, 1996 (Ga. L. 1996, p. 3820), and an Act approved March 27, 1998 (Ga. L. 1998, p. 3905), so as to revise and change certain homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over; to specify the terms, conditions, and procedures relative to the exemptions; to provide for a referendum, effective dates, to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State and Local Governmental Operations.

HB 1641. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:

A bill to be entitled an Act to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, by an Act approved March 24, 1988 (Ga. L. 1988, p. 4856), an Act approved April 13, 1992 (Ga. L. 1992, p. 5902), an Act approved April 1, 1996 (Ga. L. 1996, p. 3820), and an Act approved March 27, 1998 (Ga. L. 1998, p. 3905), so as to revise and change a certain homestead exemption for persons who are 75 years of age or over; to specify the terms, conditions, and procedures relative to the exemptions; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HR 976. By Representative Parham of the 122nd:

A resolution compensating Mr. Robert Sanford; and for other purposes.

Referred to the Committee on Appropriations.

The following committee reports were read by the Secretary:

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 271. Do pass by substitute. HB 646. Do pass by substitute. HB 1214. Do pass. HB 1411. Do pass.

Respectfully submitted, Senator Stokes of the 43rd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 905. Do pass. HB 1026. Do pass. HB 1346. Do pass.

Respectfully submitted, Senator Kemp of the 3rd District, Chairman

Mr. President:

The Committee on Veterans and Consumer Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 432. Do pass. HB 1339. Do pass. HB 1417. Do pass.

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Respectfully submitted, Senator Harbison of the 15th District, Chairman

The following bills and resolution were read the second time:

HB 122 HB 1379 SB 475

SB 528 SB 530 SR 610

The roll was called and the following Senators answered to their names:

Balfour Blitch Broun Brown Brush Butler Cable Cagle Cheeks Crotts Dean Fort Gillis Gingrey Guhl Harbison

Hecht Hill Hooks Huggins Jackson James Johnson,E Ladd Lamutt Land Lee Madden Marable Meyer v Bremen Perdue

Polak Price,R Price,T Ragan Ray Smith Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,R Thompson Williams

Those not answering were:

Bowen Burton Egan Golden Kemp Scott Starr (presiding) Thomas, N. Walker

The members pledged allegiance to the flag.

Prayer was offered by Reverend T. Dewitt Smith, pastor of West Hunter Street Baptist Church, Atlanta, Georgia.

Senator Polak of the 42nd recognized members of the Governor's Council on Developmental Disabilities, commended by SR 172, adopted previously.

Senator Cheeks of the 23rd introduced representatives of the Southern Beverage Packers, Inc., commended by SR 627, adopted previously.

Senator Smith of the 25th introduced Ms. Beverly Bentley, spokeswoman for ovarian cancer detection, commended by SR 571, adopted previously.

The following resolutions were read and adopted:

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SR 671. By Senator Broun of the 46th: A resolution commending the University of Georgia chapter of the American Cancer Society; and for other purposes.
SR 672. By Senator Broun of the 46th: A resolution commending Miss Youngshin Kim; and for other purposes.
SR 673. By Senators Crotts of the 17th and Stokes of the 43rd: A resolution commending Archbishop Earl Paulk; and for other purposes.
SR 675. By Senators Streat of the 19th, Cheeks of the 23rd, Huggins of the 53rd and others: A resolution commending Mr. Wayne Shackelford; and for other purposes.
SR 676. By Senators Lamutt of the 21st and Gingrey of the 37th: A resolution commending Sarah Freshour; and for other purposes. SENATE RULES CALENDAR Tuesday, March 7, 2000 THIRTY-SECOND LEGISLATIVE DAY
SB 418 Unattended Child Under 5 in Vehicle-plain view of driver (Substitute) (Trans-35th) SB 483 Chiropractic License-certain information to chiropractor after investigation (Substitute)
(Judy-35th) SB 465 Georgia Technology Authority-GeorgiaNet Division (Substitute) (Amendment) (DS&T-33rd)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 6, 2000.) SB 479 Mental Disabilities, Substance Abuse-state ombudsman (Substitute) (I&L-47th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 6, 2000.) SB 459 Lobbyists-registration fees (Substitute) (Ethics-44th) SB 476 Sentence for Serious Felony-review by 3-judge panel (Corr-34th) SB 498 Baldwin County-homestead exemption (Amendment) (F&PU-25th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 6, 2000.) SR 623 Myrtice McGarrah McMichael Bridge-designate (Trans-16th) SB 490 DeKalb County-homestead exemption (F&PU-5th) SB 491 DeKalb County-homestead exemption (F&PU-5th) SB 503 Voter Registration Files-certain residences confidential (Substitute) (S Judy-5th) SB 419 Speed Limits-construction sites (Substitute) (Trans-19th)

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SB 349 Special License Plates-military reservists (Amendment) (V&CA-17th)
SB 458 School Bus Drivers-communications equipment (Ed-44th)
SB 499 Charities-definitions, paid solicitor requirements (V&CA-4th)
SB 357 Pardons, Paroles-relating to community service (Corr-50th)
SB 480 Brain, Spinal Injury Trust Fund-courts required to impose fines (H&HS-22nd)
SR 152 Study Committee on State Councils, Commissions, Boards, Committees-create (Amendment) (Rules-51st)
SR 596 Duffner Family-condolences and urge consider motor vehicle safety issues (S Judy-48th)
SB 462 Cemetery and Funeral Services Act of 2000-provide (Substitute) (F&PU-34th)
SB 524 Erosion/Sediment Control Overview Council-provide (Trans-19th)
SR 624 Ted Taft Copeland Dam-designate (Nat R-50th)
SR 571 Ovarian Cancer Detection, Prevention-efforts to educate citizens (H&HS-25th)
SR 618 Teacher Morale Study Committee-create (Ed-25th)
SR 592 Congress-urge amend Social Security Act regarding Medicaid (H&HS-4th)
SR 638 William S. Stuckey, Sr., Highway-designate (Trans-20th)
SB 485 Alcoholic Beverage Sale-distance from housing authority property (V&CA-4th)
SB 473 Water Quality-monitoring powers, duties (Amendment) (Nat R-22nd)
Respectfully submitted, s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 418. By Senators James of the 35th, Harbison of the 15th, Walker of the 22nd and others:
A bill to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the uniform rules of the road, so as to provide that it shall be unlawful to leave a child five years old or younger unattended in a motor vehicle unless the child remains in plain view of the driver; to provide a penalty; to repeal conflicting laws; and for other purposes.
The Senate Transportation Committee offered the following substitute to SB 418:
A BILL
To be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the uniform rules of the road, so as to provide that it shall be unlawful to leave a child five years old or younger unattended in a motor vehicle which action proximately causes

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the death of or serious bodily injury to the child; to provide a penalty; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the uniform rules of the road, is amended by inserting at the end thereof a new Code Section 40-6-256 to read as follows:

"40-6-256.

Any person who leaves unattended within a motor vehicle a child who is five years of age or younger, which action proximately causes the death of or serious bodily injury to the child, shall be guilty of a misdemeanor of a high and aggravated nature."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y Madden
Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Williams

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 483. By Senators James of the 35th, Walker of the 22nd, Hecht of the 34th and others:

A bill to be entitled an Act to amend Code Section 43-9-12 of the Official Code of Georgia Annotated, relating to grounds for refusal or revocation of licenses to practice chiropractic, so as to require the furnishing of certain information to a chiropractor after an investigation thereof is initiated or

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completed and to require a delay in sanctions in order to allow the person being investigated to respond to such information; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 483:

A BILL

To be entitled an Act to amend Code Section 43-9-12 of the Official Code of Georgia Annotated, relating to grounds for refusal or revocation of licenses to practice chiropractic, so as to require the furnishing of certain information to a chiropractor after an investigation thereof is initiated; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 43-9-12 of the Official Code of Georgia Annotated, relating to grounds for refusal or revocation of licenses to practice chiropractic, is amended by adding at the end a new subsection to read as follows:

"(k) Notwithstanding the provisions of paragraph (2) of subsection (h) of Code Section 43-1-19, if a chiropractor is the subject of a board investigation initiated as the result of a complaint or report to the board, a copy of a summary of the complaint or report shall be furnished to the chiropractor as soon as practicable after the investigation is initiated but in any event prior to or at the same time as the delivery of a subpoena for the production of documents. If a chiropractor is the subject of an investigation initiated by the board on its own initiative, a written statement of the acts or omissions being investigated shall be furnished to the chiropractor as soon as practicable after the investigation is initiated but in any event prior to or at the same time as the delivery of a subpoena for the production of documents. The board may delay providing the chiropractor with a copy of the summary or statement if the board determines that the nature of the investigation requires that its existence not be disclosed to the chiropractor but in no event shall such summary or statement be provided later than the delivery of a subpoena for the production of documents to the chiropractor."

SECTION 2.

This Act shall become effective on July 1, 2000, and shall apply to all investigations initiated on or after July 1, 2000.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by 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 Y Brown Y Brush Y Burton Y Butler Y Cable

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes

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Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill, having been read the third time and final action suspended on March 6, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 465. By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd and Polak of the 42nd:

A bill to be entitled an Act to amend Code Section 28-3-24.1 of the O.C.G.A., relating to the public distribution of legislative information in electronic format, so as to establish the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 40-5-2 of the O.C.G.A., relating to the keeping of records of applications for licenses and information on licensees, so as to refer to the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 47-2-320 of the O.C.G.A., relating to membership in the retirement system of officers and employees of the GeorgiaNet Authority, so as to refer to the Georgia Technology Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

The substitute offered by Senator Tanksley of the 32nd, as amended by Senator Perdue of the 18th, on March 6, as they appear in the Journal of March 6, were automatically reconsidered.

On the adoption of the substitute, the yeas were 44, nays 0, and the Tanksley substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis

Y Harbison Y Hecht Y Hill Y Hooks
Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson

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Y Gingrey Y Golden Y Guhl

Perdue Y Polak

Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President assumed the Chair.

The following general bill, having been read the third time and final action suspended on March 6, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 479. By Senators Madden of the 47th, Meyer von Bremen of the 12th, Smith of the 25th and others:

A bill to be entitled an Act to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, so as to provide for a state ombudsman and for community ombudsmen for mental health, mental retardation, and substance abuse; to provide for the duties of such state ombudsman; to provide that the state ombudsman will be under the supervision and direction of the consumers' insurance advocate; to provide for contracts for the operation of a community ombudsman program for this state and for the components of that program; to provide for reviews, responses, recommendations, and actions regarding community ombudsman investigations; to repeal conflicting laws; and for other purposes.
The substitute offered by Senator Madden of the 47th on March 6, as it appears in the Journal of March 6, was automatically reconsidered.
On the adoption of the substitute, the yeas were 43, nays 0, and the Madden substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 50, nays 1.

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The bill, having received the requisite constitutional majority, was passed by substitute.

SB 459. By Senators Starr of the 44th, Walker of the 22nd, Johnson of the 1st and Thompson of the 33rd:

A bill to be entitled an Act to amend Code Section 21-5-71 of the Official Code of Georgia Annotated, relating to registration of and reporting by lobbyists, so as to provide for fees to be charged and collected for registration of lobbyists; to eliminate fees for lobbyist identification cards; to provide for late fees for filing of untimely reports; to authorize changes in such fees under certain circumstances by rule or regulation of the State Ethics Commission; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

Senator Starr of the 44th asked unanimous consent that SB 459 be dropped to the foot of the Calendar.

The consent was granted, and SB 459 was placed at the foot of the Calendar for today.

SB 476. By Senators Hecht of the 34th, Scott of the 36th, Walker of the 22nd and others:

A bill to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide that sentences for certain serious felonies shall be reviewed by a three-judge panel; to provide for the reduction of sentences under certain circumstances; to provide procedures; to provide that any person sentenced to imprisonment other than a sentence of life imprisonment for the first conviction or any subsequent conviction of any serious felony committed on or after the effective date of this Act shall not be eligible for any form of parole or early release; to repeal conflicting laws; and for other purposes.

Senator Thompson of the 33rd moved the previous question.

On the motion, the President ordered a roll call, and the vote was as follows:

N Balfour Y Blitch Y Bowen
Broun Y Brown N Brush N Burton
Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean N Egan
Fort Y Gillis N Gingrey
Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson N James N Johnson,E Y Kemp N Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen
Perdue Polak

N Price,R Price,T
Y Ragan N Ray Y Scott
Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the motion, the yeas were 32, nays 15; 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:

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Y Balfour Y Blitch Y Bowen
Broun N Brown
Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan
Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson N James Y Johnson,E Y Kemp N Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 45, nays 4.

The bill, having received the requisite constitutional majority, was passed.

Senator Price of the 56th gave notice that at the proper time, he would move to reconsider SB 476.

The following general bill, having been read the third time and final action suspended on March 6, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 498.

By Senator Smith of the 25th:
A bill to be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The amendment offered by Senator Price of the 56th on March 6, as it appears in the Journal of March 6, was automatically reconsidered.
On the adoption of the amendment, the yeas were 31, nays 2, 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 Y Brown Y Brush Y Burton Y Butler

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens

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Cable Y Cagle
Cheeks Y Crotts Y Dean Y Egan N Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue N Polak

Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

SR 623. By Senators Land of the 16th and Hooks of the 14th:

A resolution designating the Myrtice McGarrah McMichael Bridge; and for other purposes.

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 Y Brown 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,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue
Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott
Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Cagle of the 49th introduced the doctor of the day, Dr. Andrew Reisman.

The Calendar was resumed.

SB 490. By Senators Burton of the 5th, Ladd of the 41st and Thomas of the 10th:

A bill to be entitled an Act to provide for a homestead exemption from certain Dekalb County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the

Tuesday, March 7, 2000

1097

current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen
Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 491. By Senators Burton of the 5th, Ladd of the 41st and Thomas of the 10th:

A bill to be entitled an Act to provide for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush
Burton Y Butler Y Cable

Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp

Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes

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Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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.

SB 503. By Senator Burton of the 5th:

A bill to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the registration of voters, so as to provide that the residence addresses of law enforcement officers, judges, scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation, correctional employees, and prosecutors shall be kept confidential in voter registration files if so requested; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Special Judiciary Committee offered the following substitute to SB 503:

A BILL

To be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the registration of voters, so as to provide that the residence addresses of law enforcement officers, judges, scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation, correctional employees, prosecutors, members of the State Board of Pardons and Paroles, and parole officers shall be kept confidential in voter registration files if so requested; 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 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the registration of voters, is amended by striking Code Section 21-2-225, relating to confidentiality of original registration applications, limitations on registration data available for public inspection, and data made available by the Secretary of State, and inserting in lieu thereof a new Code section to read as follows:

"21-2-225.
(a) Neither the original applications for voter registration nor any copies thereof shall be open for public inspection except upon order of a court of competent jurisdiction.
(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of the social security numbers of the electors,; the residence addresses of law enforcement officers, judges, scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation, correctional employees, prosecutors, members of the State Board of Pardons and Paroles, and parole officers, if they so request; and the locations at which the electors applied to register to vote which shall remain confidential and be used only for voter registration purposes; provided, however, that social security numbers of electors may be made available to other state agencies

Tuesday, March 7, 2000

1099

if the agency is authorized to maintain information by social security number and the information is used only to identify the elector on the receiving agency's data base and is not disseminated further and remains confidential.

(c) It shall be the duty of the Secretary of State to furnish copies of such data as may be collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article, within the limitations provided in this article, on electronic media or computer run list or both. Notwithstanding any other provision of law to the contrary, the Secretary of State shall establish the cost to be charged for such data. The Secretary of State may contract with private vendors to make such data available in accordance with this subsection. Such data may not be used by any person for commercial purposes."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, 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 Y Brown 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 N Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue
Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:
On SB 503, I meant to push the green button for yes. Unfortunately, a notebook was on top of the red button. However, I vote Yes on HB 503.
/s/ Greg Hecht 34th District

The Calendar was resumed.

1100

JOURNAL OF THE SENATE

SB 419. By Senators Streat of the 19th, Cheeks of the 23rd, Huggins of the 53rd and others:
A bill to be entitled an Act 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 speed limits in construction sites; to change certain provisions relating to inadmissibility of evidence of speeding obtained in certain areas and use of speed detection devices on hills; to repeal conflicting laws; and for other purposes.
The Senate Transportation Committee offered the following substitute to SB 419:
A BILL
To be entitled an Act to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle speed restrictions, so as to change certain provisions relating to speed limits in construction sites; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle speed restrictions, is amended by striking Code Section 40-6-188, relating to speed limits in construction sites, and inserting in lieu thereof the following:
"40-6-188.
(a) As used in this Code section, the term:
(1) 'Highway work zone' means a segment of any highway, road, or street where the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing is engaged in constructing, reconstructing, or maintaining the physical structure of the roadway or its shoulders or features adjacent to the roadway, including without limitation underground or overhead utilities or highway appurtenances, or any other type of work related thereto.
(2) 'Work zone personnel' means employees of the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing.
(b)(1) The Department of Transportation, any county, or any municipality may designate any segment of a highway, road, or street under its jurisdiction as a highway work zone.
(2) Whenever a highway work zone is designated pursuant to paragraph (1) of this subsection, there shall be erected or posted signage of adequate size at the beginning point of such highway work zone designating the zone and warning the traveling public that increased penalties for speeding violations are in effect for the highway work zone, and there shall be erected or posted at the end of such highway work zone adequate signage indicating the end of such zone and that increased penalties for speeding violations are no longer in effect.
(a)(c)(1) The Department of Transportation or the governing authority of any county or municipal corporation is authorized to establish a temporary reduction in the maximum speed limit through any construction site highway work zone located on or adjacent to any street or highway under its respective jurisdiction. The commissioner of transportation or the local governing authority shall not be required to conduct any engineering and traffic investigation in order to establish a reduced speed limit in a highway work zone pursuant to this paragraph.
(b)(2) Whenever reduced speed zones are established pursuant to subsection (a) paragraph (1) of this Code section subsection, there shall be erected or posted signage of adequate size at the beginning point of such speed zone designating the zone and the speed limit to be observed therein, and there shall be erected or posted at the end of such speed zone adequate signage indicating the end of such speed zone, which signage shall also indicate such

Tuesday, March 7, 2000

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different speed limit as may then be observed. Signs indicating such reduced speed limit shall be spaced not further than one mile apart throughout the highway work zone. Where the speed limit established pursuant to subsection (a) paragraph (1) of this Code section subsection is at least ten miles per hour less than the established speed limit on the street or highway, there shall be erected at least 600 feet in advance of the beginning of the speed zone a sign of adequate size which shall bear the legend 'Reduce Reduced Speed Ahead.' Whenever any signage is required by this paragraph, the same shall be in addition to the signage requirements of paragraph (2) of subsection (b) of this Code section.
(d)(1) Any signage required by this Code section shall conform to applicable provisions of the Manual on Uniform Traffic Control Devices; provided, however, that nothing in this Code section shall prohibit the use of movable or portable speed limit signs in highway work zones.
(2) Any existing regulatory signage conflicting with signage erected or posted pursuant to this Code section shall be removed, covered, folded, or turned so as not to be readable by oncoming motorists.
(c)(e) A person convicted of exceeding the speed limit, reduced or otherwise, in any speed highway work zone established designated pursuant to subsection (a) of this Code section and identified at the time of the violation by such signage at the beginning of the highway work zone as required herein and, if such speed limit was reduced as provided by this Code section, by such signage at the beginning and in advance of such reduced speed zone to the extent required herein shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $100.00 $200.00 nor more than $2,000.00 or by imprisonment for a term not to exceed 12 months, or both. The provisions of this subsection shall apply without regard to whether work zone personnel were present in the highway work zone when the violation occurred.
(f) Whenever the Department of Transportation finds it necessary to designate a highway work zone within a county or municipality, the Department of Transportation shall be required to notify the county or municipality of the work activity; provided, however, that the failure of the Department of Transportation to give such notice shall not be a defense to any charge of violating the speed limit in any highway work zone."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R

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JOURNAL OF THE SENATE

Y Gillis Y Gingrey Y Golden Y Guhl

Y Meyer v Bremen Y Perdue Y Polak

Y Thompson Y Walker
Williams

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute. SB 349. By Senators Crotts of the 17th, Harbison of the 15th, Price of the 56th and others:

A bill to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, so as to change the provisions relating to special license plates for military reservists and provide for identifying the branches of the reserve and for retired reservists; to change the provisions relating to proof of eligibility for certain members and retired members of the National Guard; to repeal conflicting laws; and for other purposes.

The Senate Veterans and Consumer Affairs Committee offered the following amendment:

Amend SB 349 by adding "to provide for an effective date;" immediately following the first semicolon on line 8 of page 1.

By adding between lines 32 and 33 of page 6 the following: "SECTION 2.1.

This Act shall become effective on January 1, 2001."

On the adoption of the amendment, the yeas were 34, nays 0, and the committee amendment was adopted.

Senator Crotts of the 17th offered the following amendment:

Amend SB 349 by:

Page 1, line 23, after the word cars, add the word "motorcycles" Page 1, line 29, after the word cars, add the word "motorcycles"

Page 3, line 3, after the word cars, add the word "motorcycles"

Page 4, line 36, after the word cars, add the word "motorcycles"

Page 5, line 11, after the word cars, add the word "motorcycles"

Page 6, line 3, after the word cars, add the word "motorcycle"

On the adoption of the amendment, the yeas were 33, nays 0, and the Crotts amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun

Y Harbison Y Hecht Y Hill Y Hooks

Y Price,R Y Price,T Y Ragan Y Ray

Tuesday, March 7, 2000

1103

Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts
Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Scott Smith
Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 458. By Senators Starr of the 44th and Hecht of the 34th:

A bill to amend Article 8 of Chapter 6 of Title 40 of the O.C.G.A., relating to rules of the road applicable to operation of school buses, so as to provide that it shall be unlawful to operate any school bus which is transporting children unless the driver is equipped with certain communications equipment; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen
Broun Y Brown Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue
Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y 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.

1104

JOURNAL OF THE SENATE

SB 499. By Senators Hill of the 4th, Cheeks of the 23rd and Kemp of the 3rd:

A bill to be entitled an Act To amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Charitable Solicitations Act of 1988," so as to provide for various matters relating to the registration and solicitation activities of charitable organizations and their paid solicitors and solicitor agents; to change the definition of the term "charitable organization" and define the terms "religious organization" and "solicitor agent"; to provide for the electronic filing of certain forms by paid solicitors; to require that an applicant for registration as a paid solicitor consent to a criminal background investigation in connection with his or her application; to change requirements relating to financial statements to be filed by paid solicitors; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue
Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 357.

By Senators Jackson of the 50th, Hecht of the 34th, Butler of the 55th and others:
A bill to be entitled an Act to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief by the State Board of Pardons and Paroles, so as to provide that the State Board of Pardons and Paroles or its designee may direct an offender to perform community service as a condition of parole or as an alternative to the revocation of parole; to provide that neither the community service agency nor the community service supervisor or agency employees shall be liable to any offender performing community service for any acts or omissions related to participation in a community service program; to define certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Tuesday, March 7, 2000

1105

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue
Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1601.

By Representative Connell of the 115th:

A bill to amend Code Section 44-14-320 of the Official Code of Georgia Annotated, relating to establishment of certain liens and removal of nonconforming liens, so as to expressly prohibit accepting for filing, indexing, or recording any nonconforming lien; to provide procedures for expedited cancellation of nonconforming liens filed against government officials or employees based upon the performance or nonperformance of their official duties.

The Calendar was resumed.

SB 480.

By Senators Walker of the 22nd, Dean of the 31st and Gillis of the 20th:
A bill to be entitled an Act to amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to change the courts required to impose fines for deposit in that fund; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen
Broun

Y Harbison Y Hecht Y Hill
Hooks

Y Price,R Y Price,T Y Ragan
Ray

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JOURNAL OF THE SENATE

Y Brown 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 Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable
Meyer v Bremen Y Perdue Y Polak

Y Scott Y Smith
Starr Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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.

At 12:01 p.m. the President announced that the Senate would stand in recess until 1:30 p.m. At 1:30 p.m. the President called the Senate to order.

The Calendar was resumed.

SR 152. By Senator Stephens of the 51st:

A resolution creating the Senate Study Committee on State Councils, Commissions, Boards and Committees.
The Senate Rules Committee offered the following amendment:

Amend SR 152 by striking lines 25 and 26 of page 1 and inserting in lieu thereof the following:

"The committee shall be representative of a broad cross section of the Senate. The President of the Senate".

By striking from lines 15 and 16 of page 2 the year "1999" and inserting in lieu thereof the following:

"2000".

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun N Brown
Brush Y Burton Y Butler Y Cable

Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes

Tuesday, March 7, 2000

1107

Y Cagle Y Cheeks Y Crotts Y Dean Y Egan N Fort Y Gillis Y Gingrey Y Golden Y Guhl

Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Streat Y Tanksley N Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 47, nays 3.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 596. By Senator Ray of the 48th:

A resolution expressing condolences for the Duffner family and urging consideration of public policy issues concerning motor vehicle safety; and for other purposes.

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
Senator James of the 35th moved that Senator Harbison of the 15th be excused. On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Harbison was excused.
The Calendar was resumed.

1108

JOURNAL OF THE SENATE

SB 462. By Senators Hecht of the 34th and Starr of the 44th:
A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered without prior approval; to provide for duties of the Secretary of State regarding applications for registration; to repeal conflicting laws; and for other purposes.
The Senate Finance and Public Utilities Committee offered the following substitute to SB 462:
A BILL
To be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered without prior approval; to provide for duties of the Secretary of State regarding applications for registration; to provide for exemptions and exceptions; to change provisions relating to trust funds for perpetual care; to change provisions relating to investment of assets of such funds and income from such funds; to provide for joint and several liability for deficiencies in such trust funds in certain circumstances; to change provisions relating to escrow accounts for burial and funeral merchandise and preneed sales; to provide for deposits into such accounts upon shortfall; to provide for joint and several liability for deficiencies in such escrow accounts in certain circumstances; to regulate preneed sales agents; to provide for registration of preneed sales agents; to provide for qualifications and affiliations of preneed sales agents; to provide for a registration application and its contents, form, and filing fee; to provide for renewal of registration; to change provisions relating to prohibiting a person from employment with a cemetery or preneed dealer; to delete a fee for intent to transfer of ownership of a cemetery; to change provisions relating to the minimum size for a cemetery; to change provisions relating to denying, suspending, or revoking a registration of a cemetery owner; to change provisions relating to penalties for late filing of an application for renewal registration; to change provisions relating to reports concerning perpetual care trust funds and preneed escrow accounts; to change provisions relating to rules and regulations of the Secretary of State; to change provisions relating to audit expenses; to provide for copies of rules and regulations of cemeteries; to change provisions prohibiting certain actions by persons selling preneed merchandise, burial rights, and burial or funeral merchandise; to prohibit certain actions of cemetery owners relating to the sale or installation of a monument; to prohibit certain fees; to require compliance with "The Georgia Retail Installment and Home Solicitation Sales Act" for certain installment sales; to provide for transfer of contract rights for purchasers of preneed merchandise; to require registrants who sell burial rights, merchandise, or services to provide certain information and disclosures to customers and provide an approved written contract with specified provisions; to change provisions relating to certain penalties; to provide for the recovery of interest and attorney's fees in certain actions; to regulate preconstruction or predevelopment sale of burial rights; to provide for refunds in certain circumstances; to provide for preconstruction trust funds; to provide for completion of mausoleum sections or columbaria by the trustee in certain circumstances; to provide for an annual statement of trust funds' activity; to provide for minimum standards for interment; to amend Code Section 33-8-1 of the Official Code of Georgia, relating to fees and taxes paid to the Commissioner of Insurance, so as to delete a fee paid for certificate of authority to operate as a preneed funeral service company; to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to repeal provisions relating to contracts for preneed funeral services; to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to move provisions relating to cemeteries to Title 10; to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to change a cross-reference in compliance with other changes in this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.
Title 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by inserting a new chapter to be designated Chapter 14 to read as follows:
"CHAPTER 14
44-3-130 10-14-1.
This article shall be known as and may be cited as the 'Georgia Cemetery and Funeral Services Act of 1983 2000.'
10-14-2.
(a) The legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral services or burial services may suffer serious economic harm if purchase money is not set aside for future use as intended by the purchaser and that the failure to maintain cemetery grounds properly may cause significant emotional distress. Therefore, it is necessary in the interest of the public welfare to regulate preneed dealers, licensees, registrants, and cemetery companies in this state. However, restrictions shall be imposed only to the extent necessary to protect the public from significant or discernible harm or damage and not in a manner which will unreasonably affect the competitive market.
(b) Subject to certain interests of society, the legislature finds that every competent adult has the right to control the decisions relating to his or her own funeral arrangements. Accordingly, unless otherwise stated in this chapter, it is the legislature's express intent that nothing contained in this chapter should be construed or interpreted in any manner as to subject preneed contract purchasers to federal income taxation under the grantor trust rules contained in Sections 671 et seq. of the Internal Revenue Code of 1986, as amended.
(c) Nothing herein is intended to prohibit or restrict the sale or purchase of life insurance as a funding vehicle for preneed contracts under this chapter, nor to change the state of the law prior to July 1, 2000, with respect to prohibiting or restricting the sale or purchase of life insurance as a funding vehicle for preneed contracts under this chapter.
44-3-131 10-14-3.
As used in this article chapter, the term:
(1) 'Affiliate' means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person. Solely for purposes of this definition, the terms 'owns,' 'is owned,' and 'ownership' mean ownership of an equity interest, or the equivalent thereof, of 10 percent or more, and the term 'person' means an individual, partnership, committee, association, corporation, or any other organization or group of persons.
(2) 'Board' means the State Board of Funeral Service as described and authorized in Chapter 18 of Title 43.
(1)(3) 'Burial merchandise,' 'funeral merchandise,' or 'merchandise' means any merchandise normally offered or sold by a cemetery company or preneed dealer personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains. This includes, but is not limited to, subterranean crypts, mausoleums, markers and monuments, whether bronze or otherwise, bronze plaques and vases, mausoleum spaces to be constructed, cemetery spaces to be developed, and vaults, and also includes foundations or footings of any type.
(2)(4) 'Burial right' means the right to use a grave space, mausoleum, or columbarium for the interment, entombment, or inurnment of human remains.

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(3)(5) 'Burial service' or 'service' means any service other than a funeral service offered or provided by a cemetery company or preneed dealer by any person in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains as described in paragraph (1) of this Code section remains.
(6) 'Care and maintenance' means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments in a well cared for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community. As specified in the rules of the Secretary of State, care and maintenance may include, but is not limited to, any or all of the following activities: mowing the grass at reasonable intervals; raking and cleaning the grave spaces and adjacent areas; pruning of shrubs and trees; suppression of weeds and exotic flora; and maintenance, upkeep, and repair of drains, water lines, roads, buildings, and other improvements. Care and maintenance may include, but is not limited to, reasonable overhead expenses necessary for such purposes, including maintenance of machinery, tools, and equipment used for such purposes. Care and maintenance may also include repair or restoration of improvements necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. Care and maintenance does not include expenses for the construction and development of new grave spaces or interment structures to be sold to the public.
(7) 'Casket' means a container which is designed for the encasement and viewing of a dead human body.
(4)(8) 'Cemetery' or 'cemeteries' means any land or structure in this state a place dedicated to and used, or intended to be used, for permanent interment of human remains. It may be either a burial park for A cemetery may contain land or earth interments ,; or a mausoleum, for a vault, or crypt interments ,; a columbarium or other structure or place used or intended to be used for the inurnment of cremated human remains; or a or any combination of one or more of such structures or places thereof. Such terms term shall not include governmentally owned cemeteries, fraternal cemeteries, church and synagogue cemeteries, cemeteries owned and operated by churches or synagogues or family burial plots.
(5)(9) 'Cemetery company' means an individual, partnership, corporation, or association now or hereafter organized, owning or controlling any entity that owns or controls cemetery lands or property and conducting the business of a cemetery or making an application with the Secretary of State to own or control such lands or conduct such business .
(10) 'Columbarium' means a structure or building which is substantially exposed above the ground and which is intended to be used for the inurnment of cremated human remains.
(11) 'Common business enterprise' means a group of two or more business entities that share common ownership in excess of 50 percent.
(12) 'Cremation' includes any mechanical or thermal process whereby a deceased human being is reduced to ashes. Cremation also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity.
(6)(13) 'Crypt' means a chamber of sufficient size to inter the remains of a deceased person human being.
(14) 'Entombment' mean the disposition of a dead human body in a mausoleum.
(15) 'Final disposition' means the final disposal of a deceased human being whether by interment, entombment, inurnment, burial at sea, cremation, or any other means and includes, but is not limited to, any other disposition of remains for which a segregated charge is imposed.
(16) 'Funeral director' means any person licensed in this state to practice funeral directing pursuant to the provisions of Chapter 18 of Title 43.
(17) 'Funeral service' means any service relating to the transportation, embalming, and interment of a deceased human being, as further described in paragraphs (10), (18), and (19) of Code Section 43-18-1.

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(18) 'Grave space' or 'lot' means a space of ground in a cemetery intended to be used for the interment in the ground of human remains.
(7)(19) 'Human remains' means the bodies of deceased human beings and includes the bodies in any stage of decomposition and the cremated remains.
(8)(20) 'Interment' or 'entombment' means any lawful disposition of the remains of the deceased human being as provided by law the burial of human remains.
(9)-'Lot' or 'grave space' means a space of ground in a cemetery intended to be used for the interment in the ground of human remains.
(21) 'Inurnment' means the disposition of the cremated remains of a deceased human being in an urn or other container.
(10)(22) 'Mausoleum' means a structure or building which is substantially exposed above the ground and which is used, or intended to be used, for the interment entombment of human remains in crypts or niches.
(23) 'Mausoleum section' means any construction unit of a mausoleum which is acceptable to the Secretary of State and which a cemetery uses to initiate its mausoleum program or to add to its existing mausoleum structures.
(24) 'Monument' means any product used for identifying or permanently decorating a grave site, including, without limitation, monuments, markers, benches, and vases and any base or foundation on which they rest or are mounted.
(11)(25) 'Niche' means a space used, or intended to be used, for the interment of the cremated remains of one or more deceased human beings.
(12)(26) 'Nonperpetual care' means any cemetery which does not offer perpetual care as defined in this Code section.
(27) 'Outer burial container' or 'vault' means an enclosure into which a casket is placed and includes, but is not limited to, containers made of concrete, steel, fiberglass, copper or other metals, sectional concrete enclosures, crypts, and wooden enclosures.
(13)(28) 'Perpetual care' means the care and maintenance and the reasonable administration of the cemetery grounds and buildings in keeping with a properly maintained cemetery at the present time and in the future. In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for the purposes of this article.
(14)(29) 'Person' or 'entity' means an individual, a corporation, a limited liability company, a general or limited partnership, an association, a joint-stock company, a trust, or any type of incorporated or unincorporated organization.
(30) 'Preneed contract' means any arrangement or method, of which the provider of burial or funeral merchandise or services has actual knowledge, whereby any person agrees to furnish burial or funeral merchandise or services in the future.
(15)(31) 'Preneed dealer' means every person, other than a salesperson registered under this article chapter, who engages, either for all or part of his or her time, directly or indirectly, as agent, broker, or principal in the retail business of offering, selling, or otherwise dealing in funeral services or burial services or funeral or burial merchandise, as defined in this article, which is not attached to realty or delivered to the purchaser at the time of sale but does not include any establishment offering and selling burial merchandise subject to the jurisdiction of the Commissioner of Insurance pursuant to Chapter 18 of Title 43.
(16)(32) 'Preneed interment service' or 'preneed service' means any service which is not performed at the time of sale and which is offered or provided by a cemetery or preneed dealer any person in connection with the interment of

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human remains, except those services offered regarding mausoleums and the normal and customary installation charges on burial or funeral merchandise.
(17)(33) 'Sale' or 'sell' means and shall include every contract of sale or disposition of cemetery property, burial right rights, burial lot grave spaces , burial services, funeral services, or burial or funeral merchandise for value. The term 'offer to sell,' 'offer for sale,' or 'offer' shall include any attempt or offer to dispose of, or solicitation of an offer to buy, cemetery property, burial lots grave spaces, burial rights, burial or funeral services, or burial or funeral merchandise for value. This definition shall not include wholesalers of burial or funeral merchandise.
(18)(34) 'Salesperson' or 'sales agent' means an individual employed or appointed or authorized by a cemetery, cemetery company, or preneed dealer to sell cemetery property, burial lots grave spaces , burial rights, burial or funeral merchandise, burial or funeral services, or any other right or thing of value in connection with the interment final disposition of human remains. The owner of a cemetery, the executive officers, and general partners of a cemetery company shall not be deemed to be salespersons within the meaning of this definition unless they are paid a commission for the sale of said property, lots, rights, burial or funeral merchandise, or burial or funeral services.
(19)(35) 'Secretary of State' means the Secretary of State of the State of Georgia.
(36) 'Solicitation' means any communication in the context of an offer or sale of grave spaces, burial or funeral merchandise, or burial or funeral services which directly or implicitly requests a response from the recipient.
(20)-'Subterranean crypts' means interment space in preplaced chambers, either side by side or multiple depth, covered by earth and sod. These are also known as westminsters or turf-top crypts.
(21)-'Wholesale cost' means the cost to the cemetery or preneed dealer of burial merchandise as of the date of the most recent preneed escrow account quarterly report filed pursuant to subsection (e) of Code Section 44-3-134.
44-3-134. 10-14-4.
(a)(1) It Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or to sell any cemetery burial rights, burial services, or burial merchandise to any purchaser in this state unless:
(1)-The related cemetery or preneed dealer is registered pursuant to this Code section; or
(2)-Such related cemetery or preneed dealer is exempt from the provisions of this article.
The owner of each cemetery and preneed dealer shall apply for and obtain a certificate or registration from the Secretary of State; and it shall be unlawful to sell any burial lots, rights, burial services, or burial merchandise without obtaining and maintaining a valid certificate mausoleum interment rights, columbarium inurnment rights, grave spaces, or other physical locations for the final disposition of human remains in this state unless such person is registered as or employed by and acting on behalf of and under the direction of a person registered as a cemetery owner pursuant to this Code section.
(2) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or sell burial or funeral merchandise or burial services in this state unless such person is registered as or employed by and acting on behalf of and under the direction of a person registered as a cemetery owner under this Code section, a funeral director under Chapter 18 of Title 43, or a burial or funeral merchandise dealer under this Code section.
(3) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or to sell any preneed burial or funeral merchandise or preneed burial services in this state unless such person is registered as a preneed dealer or preneed sales agent pursuant to this Code section.
(4) It shall be unlawful for any person to offer for sale or to sell any funeral services in this state unless such person is licensed as a funeral director under the provisions of Chapter 18 of Title 43.

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(b)(1) Every registration statement filed under this Code section shall be made in writing person desiring to be a registered cemetery owner shall file with the Secretary of State a separate registration application for each cemetery owned in a form prescribed by the Secretary of State, shall be executed and duly verified under oath by the applicant, shall be duly verified under oath, shall be filed in the office of the Secretary of State, and shall contain if the applicant is an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:
(A) The name, mailing address, and telephone number of the applicant, which for the purposes of this Code section shall be the legal owner of the land upon which the cemetery is located;
(B) The location, and, if different from the information submitted for subparagraph (A) of this paragraph, the mailing address, and telephone number of the applicant cemetery;
(C) The location of the all records of the applicant which relate to the cemetery;
(D) The owner of If the applicant, including the owner's name, address, telephone number, and date the present owner took control of the cemetery; if the owner is a corporation is not a natural person, the names of the president, secretary, and registered agent of the if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority if the applicant is some other entity and their respective addresses and telephone numbers; the owner of controlling interest and the percentage of his interest; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;
(E) A copy of the articles of incorporation, bylaws, cemetery rules and regulations, a certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation, and any amendments of the owner company to such documents or any substantially equivalent documents. Any such document once filed with the Secretary of State pursuant to this article chapter shall be deemed to be on file and incorporated into any subsequent renewal or filing of such cemetery registration; provided, however, that each applicant and registrant is under a continuing duty to update such filing and to notify the Secretary of State regarding any changes or amendments to the articles of incorporation, bylaws, cemetery rules and regulations, or substantially equivalent documents, and provided, further, that any applicant or registrant shall furnish to the Secretary of State additional copies of any such document upon request;
(F) A description of any judgment of o r pending litigation to which the applicant or the cemetery, its individual owner, corporate owner, or person who owns controlling interest of the owner any affiliate of the applicant is a party and which involves the operation of the cemetery or could materially affect its the business or assets of the applicant;
(G) Whether the owner of the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this article chapter and, if so, their the location, mailing address, telephone number, and type of registration of such other entities;
(H) A consent to service of process meeting the requirements of Code Section 44-3-148 10-14-24 for actions brought by the State of Georgia;
(I) A list The name and business address of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any burial grave lots, burial rights, burial or funeral merchandise, or burial services on behalf of the cemetery applicant. Such list shall contain the information required by the provisions of Code Section 44-3132;
(J) A balance sheet of the applicant cemetery dated as of the end of the most recent fiscal year and in no event dated more than 15 months from prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection; and

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(K) Such other reliable and other necessary information as the Secretary of State may require by rule or regulation promulgated pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Evidence satisfactory to the Secretary of State that the applicant owns for the cemetery unencumbered fee simple title to contiguous land in the minimum acreage required by this chapter or by rules issued by the Secretary of State in accordance with this chapter, properly zoned for use as a cemetery, and dedicated for such use, and a copy of a plat of survey thereto;
(L) Evidence satisfactory to the Secretary of State that the applicant has recorded, in the public land records of the county in which the land described in subparagraph (K) of this paragraph is located, a notice that contains the following language:
NOTICE
The property described herein shall not be sold, conveyed, leased, mortgaged, or encumbered without the prior written approval of the Secretary of State, as provided in the Georgia Cemetery and Funeral Services Act of 2000.
Such notice shall have been clearly printed in boldface type of not less than ten points and may be included on the face of the deed of conveyance to the applicant or may be contained in a separate recorded instrument that contains a legal description of the property.
(M) The name, address, location, and telephone number of the perpetual care trust account depository or depositories, the names of the accounts, and the account numbers;
(N) The name, address, and telephone number of each trustee;
(O) A copy of a perpetual care trust fund agreement executed by the applicant and accepted by the trustee, and evidence satisfactory to the Secretary of State of the deposit into such account of the amount of the initial required deposit, the trust agreement being conditioned only upon issuance of a certificate of registration;
(P) Such other information and documents as the Secretary of State may require by rule; and
(Q) A filing fee of $100.00.
(2)-A registration statement under this Code section shall become effective upon the issuing of a certificate of registration by the Secretary of State or at such earlier time as the Secretary of State determines.
(2) Every person desiring to be a registered preneed dealer shall file with the Secretary of State a registration application in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if the applicant is an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:
(A) The name of the applicant;
(B) The location, mailing address, and telephone number of the applicant's principal business location in Georgia and the same information for other locations where business is conducted, together with any trade names associated with each location;
(C) All locations of the records of the applicant which relate to preneed sales in Georgia;
(D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority, if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;

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(E) A certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation;
(F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the applicant's preneed business in Georgia or which could materially affect the business or assets of the applicant;
(G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities;
(H) A consent to service of process meeting the requirements of Code Section 10-14-24 for actions brought by the State of Georgia;
(I) A list of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any grave lots, burial rights, burial or funeral merchandise, or burial services on behalf of the applicant;
(J) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection;
(K) The name, address, location, and telephone number of the preneed escrow account depository or depositories, the names of the accounts, and the account numbers;
(L) An executed copy of the escrow agreement required by Code Section 10-14-7;
(M) The name, address, and telephone number of the escrow agent;
(N) Such other information and documents as the Secretary of State may require by rule; and
(O) A filing fee of $250.00.
(3) Every person desiring to be a registered burial or funeral merchandise dealer shall file with the Secretary of State a registration application in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:
(A) The name of the applicant;
(B) The location, mailing address, and telephone number of the applicant's principal business location in Georgia and the same information for other locations where business is conducted, together with any trade names associated with each location;
(C) All locations of the records of the applicant which relate to funeral or burial merchandise sales in Georgia;
(D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;
(E) A certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation;

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(F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the applicant's funeral or burial merchandise business in Georgia or which could materially affect the business or assets of the applicant;
(G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities;
(H) A consent to service of process meeting the requirements of Code Section 10-14-24 for actions brought by the State of Georgia;
(I) The name and business address of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any burial or funeral merchandise on behalf of the applicant;
(J) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection;
(K) Such other information and documents as the Secretary of State may require by rule;
(L) A filing fee of $100.00; and
(M) A bond, if required by the rules and regulations of the Secretary of State.
(c) The Secretary of State may approve an application only after he or she has conducted an investigation of the applicant and determined that such applicant is qualified by character, experience, and financial responsibility to conduct the business for which the applicant is seeking registration in a legal and proper manner. A registration application filed under this Code section shall become effective upon the issuing of a certificate of registration by the Secretary of State or at such earlier time as the Secretary of State determines.
(5)(d) Every registration under this subsection shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submission of a renewal application containing the information required in an application for initial registration to the extent that such information had not been included in an application or renewal application previously filed together with a sworn statement that all information not provided remains accurate. The filing fee for renewal of registration shall be one-half the filing fee for such application $50.00 for each cemetery of cemetery owners, $100.00 for preneed dealers, and $50.00 for burial or funeral merchandise dealers.
(e) The Secretary of State, by rule, may provide for exceptions from registration for cemeteries when the Secretary of State determines that the public interest does not require registration, provided that such cemeteries are in existence on or before July 1, 2000, consist of less than 25 acres, and are operated by nonprofit entities.
(f) Notwithstanding any provision to the contrary contained in this Code section, the following shall be exempt from registration as a burial or funeral merchandise dealer:
(1) Any registered cemetery owner;
(2) The owner of any cemetery exempt from registration with respect to sales of burial or funeral merchandise sold for use at such cemetery;
(3) Any licensed funeral director;
(4) Any person providing interment and disinterment services exclusively at cemeteries exempt from registration;
(5) Any monument manufacturer or dealer which does not install monuments in cemeteries required to be registered by this Code section;

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(6) Any person who does not offer for sale or sell burial or funeral services or merchandise to the general public; and
(7) Any registered preneed dealer.
In addition, the Secretary of State, by rule, may provide for other exceptions from registration.
(d)(g)(1) In the event that a Any cemetery in operation on August 1, 1986 which offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for purposes of this article chapter. No cemetery formed or created on or after July 1, 2000, may fail to offer perpetual care for any part of such cemetery.
(2) Any nonperpetual care cemetery which was registered with the Secretary of State prior to August 1, 1986, may continue to be operated as such after that date and a renewal of such registration shall not be required.
(3) Any nonperpetual care cemetery which is shown to be of historical significance and is operated solely for historical nonprofit purposes shall be exempt from registration.
(4) Except as specifically authorized under paragraphs (2) and (3) of this subsection, from and after August 1, 1986, it shall be unlawful for any person to operate or establish a nonperpetual care cemetery.
10-14-5.
(a) All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of any entity required to be registered as a preneed dealer, and all individuals who offer, sell, or sign contracts for the preneed sale of burial rights shall be registered with the Secretary of State as preneed sales agents, pursuant to this Code section, unless such individuals are exempted under this chapter or individually own a controlling interest in a preneed dealer registered under this chapter.
(b) All preneed sales agents must be employed by a registered preneed dealer.
(c) A preneed dealer shall be liable for the activities of all preneed sales agents who are employed by the preneed dealer or who perform any type of preneed related activity on behalf of the preneed dealer. If a preneed sales agent violates any provision of this chapter, such preneed sales agent and each preneed dealer who employs such preneed sales agent shall be subject to the penalties and remedies set out in Code Sections 10-14-11, 10-14-19, 10-14-20, and 10-14-21.
(d) A preneed sales agent may be authorized to sell, offer, and execute preneed contracts on behalf of all entities owned or operated by the agent's sponsoring preneed dealer.
(e) If the application for his or her registration is sent by certified mail, return receipt requested, an individual may begin functioning as a preneed sales agent as soon as a completed application for registration, as set forth in subsection (g) of this Code section, is mailed to the Secretary of State, provided that, if any such sales agent fails to meet the qualifications set forth in this chapter, the preneed dealer shall immediately upon notification by the Secretary of State cause such agent to cease any sales activity on its behalf.
(f) The qualifications for a preneed sales agent are as follows:
(1) The applicant must be at least 18 years of age;
(2) The applicant must not be subject to any order of the Secretary of State that restricts his or her ability to be registered as a preneed sales agent; and
(3) The applicant must not have been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, have been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or have been convicted of a felony.

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(g) An application for registration as a preneed sales agent shall be submitted to the Secretary of State with an application fee of $100.00 by the preneed dealer on a form that has been designated by the Secretary of State and shall contain, at a minimum, the following:
(1) The name, address, social security number, and date of birth of the applicant and such other information as the Secretary of State may reasonably require of the applicant;
(2) The name, address, and license number of the sponsoring preneed dealer;
(3) A representation, signed by the applicant, that the applicant meets the requirements set forth in subsection (f) of this Code section;
(4) A representation, signed by the preneed dealer, that the applicant is authorized to offer, sell, and sign preneed contracts on behalf of the preneed dealer and that the preneed dealer has informed the applicant of the requirements and prohibitions of this chapter relating to preneed sales, the provisions of the preneed dealer's preneed contract, and the nature of the merchandise, services, or burial rights sold by the preneed dealer;
(5) A statement indicating whether the applicant has any type of working relationship with any other preneed dealer or insurance company; and
(6) A signed agreement by the applicant consenting to an investigation of his or her background with regard to the matters set forth in this Code section, including, without limitation, his or her criminal history.
(h) An individual may be registered as a preneed sales agent on behalf of more than one preneed dealer, provided that the individual has received the written consent of all such preneed dealers.
(i) A preneed dealer who has registered a preneed sales agent shall notify the Secretary of State within three business days of a change in such individual's status as a preneed sales agent with such preneed dealer or upon the occurrence of any other event which would disqualify the individual as a preneed sales agent.
(j) Upon receipt and review of an application that complies with all of the requirements of this Code section, the Secretary of State shall register the applicant. The department shall by rule provide for annual renewal of registration and a renewal fee of $50.00.
44-3-132.
(k) Each cemetery registered under this chapter shall maintain in its files for a period of five years a properly completed and executed application for employment in a form prescribed by the Secretary of State for each employee, officer, or independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions. If a request is made, said forms shall be made available for inspection by authorized representatives of the Secretary of State.
10-14-6.
(c)(1)-In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for purposes of this article.
(2)(a)(1) Each cemetery or cemetery company required to be registered by this chapter which holds out to the public or advertises or contracts perpetual care in connection with the sale or lease of cemetery lots, grave spaces, niches, or crypts shall establish and maintain an irrevocable trust fund for each cemetery owned.
(A)(2) For trust funds established on or after July 1, 2000, the The initial deposit to said irrevocable trust fund shall be the sum of $10,000.00 and the deposit of said sum shall be made before selling or contracting to sell any cemetery property or burial right. No such initial deposit shall be required with respect to any cemetery for which

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there is an existing perpetual care account on July 1, 2000. The trust fund shall apply only to sales or contracts for sale of lots, grave spaces, niches, mausoleums, columbaria, urns, or crypts in which perpetual care has been promised or guaranteed.
(B)(3) The initial corpus of the trust fund and all subsequent required deposits shall be deposited in a bank, savings and loan institution, trust company, state bank, state savings and loan institution, savings bank, national bank, or federal savings and loan institution, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or a state or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other depository or trustee which is approved by the Secretary of State or which meets the standards contained in the rules and regulations promulgated by the Secretary of State.
(4) Each perpetual care trust fund established on or after July 1, 2000, shall be named 'The ___________ Cemetery ____________ Perpetual Care Trust Fund' with the first blank being filled by the name of the cemetery and the second blank being filled by the month and year of the establishment of such trust fund. If a cemetery has a perpetual care trust fund existing on July 1, 2000, and the perpetual care trust fund agreement permits, the cemetery may make additional deposits to such a trust fund on the condition that the entire corpus of the trust fund, any income earned by the trust fund, and any subsequent deposits to the trust fund are thereafter governed by the provisions of this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, except for the amount of the initial deposit to the trust fund. If a cemetery owner or company elects to establish a new perpetual care trust fund subject to the provisions of this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, any perpetual care trust fund which existed on July 1, 2000, is subject to the provisions of law in effect on the date of its establishment, and deposits for sales transacted on or after July 1, 2000, shall be deposited in the trust fund established on or after July 1, 2000. If a cemetery existing on July 1, 2000, has an existing perpetual care trust fund which complies with provisions of law in effect on the date of its establishment, a new trust fund created in compliance with this chapter shall not require an initial deposit.
(C)(b) Whenever any burial right, cemetery lot, grave space, niche, mausoleum, columbarium, urn, or crypt wherein perpetual care or endowment care is promised or contracted for or guaranteed is sold by any cemetery, the cemetery shall make deposits to the trust fund that equal the sum of $10.00 per burial space or 10 15 percent of the sales price of the burial right, whichever is greater, or 5 7.5 percent of the total sales price of any mausoleums, niches, columbaria, urns, or crypts, provided that the minimum deposit for each burial right shall be $50.00; provided, further, that on July 1, 2003, and every three years thereafter, the amount of said minimum deposit shall be adjusted by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. The Secretary of State shall adopt such adjustment to the amount of said minimum deposit by rule. Deposits to the trust fund shall be made after receipt of final payment and prior to the time the next quarterly report is required to be filed with the Secretary of State, not later than 30 days following the last day of the month in which payment therefor is made, or, in the case of a free space, the month in which the space is given. In the event any sale is made on an installment basis, not less than one-half of the principal portion of each payment made and allocated to the lot, grave, space, niche, mausoleum, columbarium, urn, or crypt shall be allocated to the required trust fund deposit, provided that all deposits to the trust fund shall be completed within six years from the date of the signing of the perpetual care contract. The manner of any such allocation shall be clearly reflected on the books of the registrant.
(D)(c) The initial $10,000.00 corpus of the perpetual care trust fund shall not be counted as part of the required periodic deposits and shall be considered to be corpus or principal.
(E)(d) The income from the trust fund shall be paid to the owner of the cemetery for his own use and benefit until such income so paid has reached the total of $10,000.00. Thereafter, the The income earned by the trust fund shall be paid to the cemetery and used retained by the trust fund. At such time as either:
(1) The cemetery owner is not licensed and has not been licensed for 90 or more consecutive days to sell burial rights;
(2) The cemetery is under the management of a receiver; or
(3) Less than 50 percent of available lots are unsold,

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95 percent of the income from the trust fund shall be paid to the owner or receiver exclusively for covering the costs of care and maintenance of the perpetual care cemetery, or the sections of the cemetery which have been designated as perpetual care sections, including reasonable administrative expenses incurred in connection therewith. The income of the trust fund shall be paid to the cemetery owner or receiver at intervals agreed upon by the cemetery recipient and the trustee, but in no case shall the income be paid more often than monthly.
(F)(e) There shall be no withdrawals from the trust fund except pursuant to the provisions of this article chapter or by court order.
(G)(i)(f)(1) The assets of said a trust fund shall be invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees regarding the making and depositing of investments with trust moneys pursuant to Code Sections 53-8-1 through 53-8-4 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-8-1 and Code Section 53-12-287 of the 'Revised Probate Code of 1998.' Subject to said terms, conditions, limitations, and restrictions, the trustee of the perpetual care trust fund shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the assets of said fund are invested, including proceeds of investments.
(ii)(2) Any state bank, national bank, trust company, or other financial institution authorized to act in a fiduciary capacity in this state, which presently or in the future serves as a fiduciary or cofiduciary of the trust fund of a perpetual care cemetery, may invest part or all of such trust fund held by it for investment in interests or participation in one or more common trust funds established by that state bank, national bank, trust company, or other financial institution for collective investment, if such investment is not expressly prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship and if, in the case of cofiduciaries the trust institution procures the consent of its cofiduciary or cofiduciaries to such investment, and notwithstanding the fact that such common trust funds are not invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees in the making and disposing of their investments.
(3) Notwithstanding any other provision of this subsection, the Secretary of State shall establish rules and regulations for investments of a trust fund established on or after July 1, 2000, or otherwise governed by this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, as necessary to preserve the corpus and income of such a fund and for determining what restrictions are necessary for such purpose.
(4) At any time, in the event that the perpetual care trust fund contains an amount less than the amount required by this Code section, the cemetery owner shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the perpetual care trust fund an amount equal to such shortfall. In the event that the Secretary of State and the cemetery owner disagree regarding the amount of such shortfall, no penalty shall be imposed upon the cemetery owner for any failure to comply with this paragraph unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23.
(H)(g) Moneys of the perpetual care trust fund shall not be invested in or loaned to any business venture controlled by, or in an affiliate of, the cemetery individual owner, corporate owner, or a person who owns a controlling interest of the corporate owner of a cemetery owner that is not a natural person, or an affiliate of any of these persons or entities .
(I)(h) The trustee shall furnish yearly to the Secretary of State a financial report in a form designated by the Secretary of State with respect to the perpetual care trust fund.
(3)-Any cemetery which has established an irrevocable trust fund prior to July 1, 1983, and said trust fund meets the minimum criteria established by an Act providing for the registration and regulation of cemeteries, approved April 4, 1969 (Ga. L. 1969, p. 242), shall not be required to establish a new trust fund; provided, further, that any such cemetery which has sold all of its lots, grave spaces, niches, or crypts and is unable to make any future sales shall not be required to establish a trust fund as provided in this subsection.

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(i) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the trust account as required by this chapter or of fraud, theft, or misconduct by the owners of the cemetery or the officers or directors of a cemetery company which has wasted or depleted such funds, the cemetery owners or the officers or directors of a cemetery company may be held jointly and severally liable for any deficiencies in the trust account as required in this chapter.
(4)-Perpetual care cemeteries shall be registered with the Secretary of State according to the provisions of subsection (b) of this Code section. In addition to the requirements of subsection (b) of this Code section, the applicant shall also include the following:
(A)-A filing fee of $100.00;
(B)-The name, address, and telephone number of each trustee;
(C) copy of a perpetual care trust fund agreement executed by the applicant and accepted by the trustee calling for an initial deposit of $10,000.00 and a copy of a bank cashier's check or certified check attached for such amount and payable to such trustee, the trust agreement being conditioned only upon issuance of a certificate of registration; and
(D)-A consent to service executed by the trustee pursuant to Code Section 44-3-148.
10-14-7.
(e)(1)(a)(1) Each preneed dealer, as defined in this article, which sells burial merchandise as defined or funeral merchandise on a preneed basis or preneed interment burial or funeral services shall establish and maintain a preneed escrow account.
(A)-The (2) With respect to monuments and outer burial containers, and except as otherwise provided in paragraph (3) of this subsection, the amount to be deposited to said escrow account shall be 35 not less than 50 percent of the sales price of such burial or funeral merchandise. For any other burial or funeral merchandise, the amount to be deposited to said escrow account shall be not less than 100 percent of the sales price of such merchandise; in no event shall the amount deposited be less than 110 percent of the wholesale price of such merchandise. If the contract of sale shall include cemetery grave spaces or items not deemed to be burial or funeral merchandise, the portion of the sales price attributable to the sale of the contemplated burial or funeral merchandise shall be determined, and it shall only be as to such portion of the total contract as constitutes burial or funeral merchandise that the deposit of 35 percent of the sales price described in this paragraph shall be required. In the event that the sale of burial or funeral merchandise is on under an installment contract, the contemplated required trust deposit shall be a pro rata part from of the principal portion of each installment payment, such deposit only being required pro rata as payments are made by the purchaser for such burial or funeral merchandise. In the event the installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to 35 percent of the undeposited portion of the required deposit of the sales price of such burial or funeral merchandise at such time as if the contract were paid in full.
(3) With respect to a monument or outer burial container the itemized sales price of which does not include the installation of such item, 100 percent of the installation cost shall be deposited in the escrow account.
(B)(4) In the event that With respect to cash advance items and the sale of preneed funeral interment or entombment or burial services are sold, the amount to be deposited to said escrow account shall be 100 percent of the sales price of such funeral or burial services or the full amount of a cash advance item. The time and manner of deposit shall be the same as that specified for deposit of burial or funeral merchandise sale funds to the escrow account.
(C)(b) The deposit specified in subparagraph (A) of paragraph (1) paragraphs (2) and (3) of this subsection (a) of this Code section shall be made prior to the date of the next required filing of the quarterly report with the Secretary of State not later than 30 days following the last day of the month in which any payment is received.
(D)(c) The preneed escrow account shall be established and maintained in a state bank, state savings and loan institution, savings bank, trust company, national bank, federal savings and loan association, whose deposits are

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insured by the Federal Deposit Insurance Corporation or other governmental agency, or a state or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other organization approved by the Secretary of State which is located and doing business in this state.
(E)(i)(d)(1) Funds may be released from the escrow account when the burial or funeral merchandise is delivered at the time of need or to the purchaser at the purchaser's request or, in the case of a monument, attached to realty, each phase of mausoleum construction is completed or the cemetery spaces are developed, or when the preneed dealer shall have paid the wholesale price of the burial merchandise to a manufacturer approved by the Secretary of State and when the manufacturer shall have certified to the purchaser that such payment has been made and that such burial merchandise will be delivered upon request of the purchaser, or at such times as described in the rules and regulations promulgated by the Secretary of State. A preneed dealer is prohibited from requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need. Deposits made from funds received in payment of preneed services shall remain in the escrow account until such services are performed, at which time said funds shall may be released to the cemetery preneed dealer upon certification of performance. The trustee may require certification by the preneed dealer of delivery of merchandise or performance of services before release of funds.
(ii)(2) The funds on deposit under the terms of this subsection shall be deemed and regarded as escrow funds pending delivery of the burial or funeral merchandise concerned and said funds may not be pledged, hypothecated, transferred, or in any manner encumbered by the escrow agent nor may said funds be offset or taken for the debts of the cemetery preneed dealer until such time as the merchandise has been delivered or the services performed the phase of mausoleum construction completed or the cemetery spaces developed; but after delivery of the burial or funeral merchandise concerned, upon completion of each phase of construction of mausoleum crypts, or the performance of preneed interment services, the registrant shall be authorized to withdraw or offset proportionately such funds and treat the same as money belonging to him; provided, however, that until delivery of burial merchandise is complete, construction is completed, or services are performed, the preneed dealer shall at no time withdraw funds in excess of the actual cost incurred in such delivery, construction, or performance.
(2)-Preneed dealers shall be registered with the Secretary of State according to the provisions of subsection (b) of this Code section. In addition to the requirements of subsection (b) of this Code section, the applicant shall also include the following:
(A)-A filing fee of $1,000.00;
(B)-The name, address, location, and telephone number of the preneed burial escrow account depository, the name of the account, the account number, and a financial report regarding said account;
(C)-An executed copy of the escrow agreement setting forth the method used for computing the preneed escrow deposit requirements. This agreement shall not be changed or amended without the prior written approval of the Secretary of State; and
(D)-The name, address, and telephone number of the escrow agent.
(3)-Every registration under this subsection shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submission of a renewal application containing the information required in an application for initial registration to the extent that such information had not been included in an application or renewal application previously filed. The filing fee for renewal of registration shall be $200.00.
(e) At any time, in the event that the preneed escrow account contains an amount less than the amount required by this Code section, the preneed dealer shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the preneed account an amount equal to such shortfall. In the event that the Secretary of State and the preneed dealer disagree regarding the amount of such shortfall, no penalty shall be imposed upon the preneed dealer for any failure to comply with this provision unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23.

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(f) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the preneed escrow account as required by this chapter or of fraud, theft, or other misconduct by the preneed dealer or the officers or directors of the preneed dealer which has wasted or depleted such funds, the preneed dealer or the officers or directors of the preneed dealer may be held jointly and severally liable for any deficiencies in the preneed escrow account.
44-3-133. 10-14-8.
(a) The Secretary of State, by order, may prohibit a person who is an employee, officer, o r independent contractor, or other agent directly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions the sale of burial rights, burial or funeral merchandise, or burial or funeral services from employment or other association with a cemetery or preneed dealer registered registrant under this chapter if the Secretary of State finds that such is in the public interest and that said person:
(1) Has willfully made or caused to be made, in any documents filed with the Secretary of State under this article chapter, or in any hearings conducted by the Secretary of State, any statement which, at the time and in the light of the circumstances under which it was made, was false or misleading with respect to any material fact, or has willfully omitted to state in any application any material fact which is required to be stated therein or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading;
(2) Has willfully violated or willfully failed to comply with any provision of this article chapter or a predecessor law or any regulation or order promulgated or issued under this article chapter or any predecessor law;
(3) Has been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves moral turpitude or which involves any aspect of the funeral or cemetery business, or has been convicted of a felony;
(4) Has engaged in any unethical or dishonest practices in the funeral or cemetery business; or
(5) Is permanently or temporarily enjoined, suspended, or barred by any court of competent jurisdiction or by any state or other jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the funeral or cemetery business.
(b) Where the Secretary of State finds that there are grounds for the prohibition from employment provided in this Code section, he or she may issue an order prohibiting an employee, officer, or independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions from employment with a registered cemetery or preneed dealer. Such an order shall not be effective until notice and opportunity for hearing are provided in accordance with Code Section 44-3-147 10-1423 and until the Secretary of State shall issue a written order in accordance with Code Section 10-14-23 44-3-147 if such person requests a hearing under Code Section 44-3-147; but the Secretary of State may, if he or she finds that the public safety or welfare requires emergency action, immediately issue an order prohibiting such person from such employment. Such an order of immediate prohibition will expire automatically if the Secretary of State fails to afford notice and opportunity for hearing pursuant to Code Section 44-3-147 10-14-23.
44-3-135. 10-14-9.
(a)-Every person registering pursuant to Code Section 44-3-134 shall pay a filing fee as mandated by subsection (c), (d), or (e) of Code Section 44-3-134. Such initial filing fees and respective renewal fees shall be cumulative. For the purposes of this Code section, cumulative filing fees shall mean that a person who registers under subsection (c) or (d) of Code Section 44-3-134, who also sells burial merchandise or burial services under subsection (e) of Code Section 44-3-134, shall pay a filing fee that is equal to the sum of the filing fee required under subsection (c) or (d) of Code Section 44-3-134 and the filing fee required by subsection (e) of Code Section 44-3-134.
(b)-Any document filed under this article or a predecessor law may be incorporated by reference as an exhibit to any registration statement filed under Code Section 44-3-134 to the extent that the document is currently accurate;

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provided, however, that each registrant is under a continuing duty to update such filing and to notify the Secretary of State regarding any changes or amendments to such documents on file.
(c)(a) A registration statement application may be amended by filing with the Secretary of State an amended application signed by the persons required to sign the original registration application under Code Section 44-3-134 10-14-4 or 10-14-5. Any such amendment shall become effective when the Secretary of State so orders.
(d)(b) Every applicant registered pursuant to Code Section 44-3-134 10-14-4 or 10-14-5 shall agree to deliver in Georgia, on demand of the Secretary of State, all records and documents concerning funds, accounts, transactions, and activities of said applicant or said applicant shall agree to pay the expenses incurred in sending an auditor approved by the Secretary of State to wherever such records and documents are located for the purpose of conducting an audit pursuant to the provisions of this article chapter.
(e)(c) When any cemetery or preneed dealer registered under Code Section 44-3-134 10-14-4 is sold or the ownership is otherwise transferred, or a controlling interest is sold or transferred, the vendor or the transferor of such cemetery, preneed dealer, or interest shall remain liable for any funds that should have been deposited prior to the date of such sale or transfer in the perpetual care trust fund or the preneed escrow account, or both.
(1) Prior to such sale or transfer, the vendor or transferor shall notify the Secretary of State of the proposed transfer and submit to the Secretary of State any document or record the Secretary of State may require in order to demonstrate that said vendor or transferor is not indebted to the perpetual care trust fund or the preneed escrow account, or both. After the transfer of ownership or control and the presentation of proof of currency of the perpetual care trust fund or the preneed escrow account, or both, by the vendor or transferor, the Secretary of State may require the presentation of proof of the continued current status of the perpetual care trust fund or the preneed escrow account, or both, by the vendee or transferee. The Secretary of State is authorized to recover from such vendor, transferor, vendee, or transferee, for the benefit of the perpetual care trust fund or the preneed escrow account, or both, all sums which the vendor, transferor, vendee, or transferee has not properly accounted for and paid into the trust fund.
(2) When the vendee or transferee has complied with the provisions of this subsection, he or she shall submit to the Secretary of State an application for registration and appropriate fees pursuant to Code Section 44-3-134 10-14-4. The Secretary of State shall then issue a certificate of registration to said vendee or transferee.
(3)--A fee of $500.00 shall be paid to the Secretary of State by the vendor or transferor upon written notification to the Secretary of State of the proposed transfer. Said fee shall be in addition to any fee imposed pursuant to subsection (f) of Code Section 44-3-140.
10-14-10.
(f)(1)(a) Except as otherwise provided in paragraph (2) of this subsection subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after August 1, 1986, July 1, 2000, shall consist of not less than 25 ten acres of land.
(2)(b) The following cemeteries shall not be subject to the requirement of paragraph (1) of this subsection (a) of this Code section:
(A)(1) All cemeteries registered according to this chapter article prior to August 1, 1986; or
(B)-Cemeteries (2) Cemeteries initially registered on or after August 1, 1986, but before July 1, 2000, which shall consist of not less than 25 acres of land, except for cemeteries subject to a provision of previous law, which allowed cemeteries consisting of not less than ten acres of land dedicated solely for burial purposes and located in counties having a population of less than 10,000 according to the United States decennial census of 1990 or any future such census.
(c) The Secretary of State may provide by rule or regulation for a smaller minimum size for a cemetery which consists solely of one or more columbaria.

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44-3-136. 10-14-11.
(a) The Secretary of State may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration and shall give notice of such issuance pursuant to Code Section 44-3-147 10-14-23 if he or she finds that the order is in the public interest and that:
(1) The registration statement as of its effective date, or as of any earlier date in the case of an order denying effectiveness, contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading;
(2) The applicant has failed to file financial reports required by Code Section 44-3-134 subsection (h) of Code Section 10-14-12;
(3) The applicant has failed to pay the filing fees required by Code Section 44-3-134 10-4-4;
(4) The person or entity registered or sought to be registered or the individual owner, corporate owner, or person who owns a controlling interest of the corporate owner has been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or has been convicted of a felony; or
(5) The trustee for the perpetual care trust fund or the escrow agent for the preneed escrow account has failed to file financial reports required by subsection (h) of Code Section 10-14-6 or subsection (g) of Code Section 10-14-29;
(6) The person or entity registered or seeking to be registered has become insolvent or has filed a voluntary petition for protection from creditors; or
(5)(7) Any provision of this article chapter or any rule, order, or condition lawfully imposed under this article chapter has been willfully violated by:
(A) The person filing the registration statement application;
(B) The registrant's individual owner, corporate owner, or person who owns a controlling interest of the corporate owner; or
(C) The trustee or escrow agent of a trust fund or escrow account established and maintained pursuant to the provisions of this article chapter.
(b) The Secretary of State may deny registration or refuse to grant renewal of registration if he or she finds that such refusal or denial is in the public interest and that:
(1) The registration statement application does not contain a current list of cemetery sales persons preneed sales agents and accompanying information as required by Code Section 44-3-132 10-14-4;
(2) The applicant has not paid filing fees or renewal fees as required by Code Section 44-3-134 10-14-4; or
(3) The applicant has not filed the financial reports required by Code Section 44-3-134 10-14-4 or subsection (h) of Code Section 10-14-12.
(c) In addition to the actions authorized in subsections (a) and (b) of this Code section, the Secretary of State shall be authorized to impose a penalty fee of $25.00 per month or fraction of a month not to exceed $500.00 for the late filing of an application for a renewal registration statement or late filing of financial reports required by this article chapter, or both. However, the penalty fee or fees imposed for the late filing of an application for renewal of registration statements or financial reports may be waived by the Secretary of State upon just cause being shown by the party against whom the fee is imposed upon a showing to the Secretary of the State that such late filing was due

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to circumstances beyond the control of the applicant or registrant despite the exercise by the applicant or registrant of due diligence in the timely filing of the application or report.
(d) The Secretary of State may by order summarily postpone or suspend the effectiveness of the registration statement or refuse to register any applicant pending final determination of any proceeding under this Code section. Upon the entry of the order, the Secretary of State shall promptly notify the applicant or registrant of the order and the reasons therefor for the order and that, within 15 days after the receipt of a written request, the matter will be heard. If no hearing is requested and none is ordered by the Secretary of State, the order will remain in effect until it is modified or vacated by the Secretary of State. If a hearing is requested or ordered, the Secretary of State, after notice of an opportunity for hearing to the persons affected, may modify or vacate the order or extend it until final determination.
(e) The Secretary of State may vacate or modify a stop order if he or she finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so.
(f) No stop order issued under any part of this Code section, except the first sentence of subsection (d) of this Code section, shall become effective until and unless the Secretary of State has complied with the provisions of Code Section 44-3-147 10-14-23.
44-3-137. 10-14-12.
(a) Each registrant under paragraph (1) or (2) of subsection (c) or (e) (b), or both, of Code Section 44-3-134 10-14-4 shall establish and maintain a separate and distinct account for the perpetual care trust fund for each cemetery and for the preneed escrow account. There shall be no commingling, codeposits, or transfers of funds between the accounts, except pursuant to court order and with the knowledge and consent of the Secretary of State.
(b) Each registrant shall keep and maintain separate books, records, accounts, and documents regarding the transaction of its business. The books, records, accounts, and documents related to the keeping of funds pursuant to the provisions of this article chapter and the rules and regulations promulgated under this article chapter shall be kept and maintained by the registrant separately from the other books, records, accounts, and documents related to the transaction of business.
(c) A cemetery owner or an officer or director of a cemetery company may be a trustee of the perpetual care trust fund of a cemetery which the individual or cemetery company owns upon approval of the Secretary of State. Said trustee shall be required to be bonded and to file such bond with the Secretary of State; however, the Secretary of State shall have the authority to waive said bond upon a showing of financial stability and assets.
(d) The Secretary of State shall have the authority to prescribe or approve the form of the perpetual care trust agreement and shall have the authority to approve or disapprove any amendments to said trust agreement as of July 1, 1983.
(e) The Secretary of State shall have the authority to prescribe or approve the form of the preneed escrow account agreement and shall have the authority to approve or disapprove any amendments to said escrow account agreement as of July 1, 1983.
(f) A trustee or escrow agent of a registrant may be removed pursuant to the provisions of Code Section 44-3-143 10-14-19 or by other means provided by the laws of this state.
(g)-A cemetery company or preneed dealer may use a sales contract containing an allocation of proceeds section, provided full disclosure of the allocation of proceeds is explained to the purchaser. The perpetual care obligations imposed by this article must be deposited when any of the following events occur but not later than the time required by subsection (c) of Code Section 44-3-134:
(1)-The allocation of proceeds applies the funds to the perpetual care trust; or

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(2)-When sufficient funds have been applied to the price of the contract according to allocation of proceeds provision to indicate full payment of the lot, grave space, niche, burial right, or crypt.
(h)-A preneed dealer must notify the Secretary of State whether the wholesale cost method or the 35 percent of the sales price method will be used for computing preneed escrow account deposits. The method of computing said deposits shall be the same for determining the amount of all escrow account deposits and the method shall not be changed except upon the written approval of the Secretary of State.
(i)-In lieu of the preneed deposits specified in subparagraph (e)(1)(A) of Code Section 44-3-134, a preneed dealer may post such proof of financial responsibility as the Secretary of State shall, by rule and regulation, require for the protection of persons purchasing burial merchandise.
(j)(g) Each perpetual care cemetery and preneed dealer shall file a report concerning the perpetual care trust and the preneed escrow account at least quarterly annually with the Secretary of State, provided that, after notice and a hearing, the Secretary of State may order more frequent reports in the event any such report is not filed in a timely manner or if the report filed contains errors and deficiencies. The report shall be on a form approved prescribed by the Secretary of State.
44-3-138. 10-14-13.
For the purposes of venue for any civil or criminal action under this article chapter, any violation of this article chapter or of any rule, regulation, or order promulgated under this article chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated the article this chapter, in the county of any violator's principal place of business in this state, in the county of the cemetery's or preneed dealer's or burial or funeral merchandise dealer's location or residence in this state, and in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, or other material or objects which were used in furtherance of said violation.
44-3-139. 10-14-14.
(a) The administration of the provisions of this article chapter shall be vested in the Secretary of State, who may delegate such of his or her powers and duties under this article chapter to a division director subordinate of his the office as he or she shall deem appropriate.
(b) The Secretary of State shall keep a record of all proceedings related to his or her duties under this article chapter and shall keep a register keep records in which shall be entered the names of all cemeteries, preneed dealers, preneed sales agents, and burial or funeral merchandise dealers to whom certificates of registration are issued, which register records shall be open at all times for public inspection.
(c) The Secretary of State shall have the authority to administer oaths in, and to prescribe forms for, all matters arising under this article chapter.
(d) The Secretary of State shall have authority to employ examiners, clerks and stenographers, and other employees as the administration of this law may require. The Secretary of State shall also have authority to appoint and employ investigators who shall have, in any case that in which there is a reason to believe a violation of this article chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants.
(e) The Secretary of State shall have the power to make such rules and regulations from time to time as he or she may deem necessary and proper for the enforcement of this article chapter including, without limitation, rules regarding the solicitation of burial or funeral rights, merchandise, or services. The Secretary of State shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, vexatious, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person's ignorance or emotional vulnerability. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50.

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44-3-140. 10-14-15.
(a) The Secretary of State, at his or her discretion:
(1) May make such public or private investigations or examinations inside or outside this state as he or she deems necessary to determine whether any person has violated or is about to violate any provision of this article chapter or any rule, regulation, or order under this article chapter or to aid in the enforcement of this article chapter or in the prescribing of rules and regulations under this article chapter; and
(2) May require or permit any person to file a statement in writing, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning the matter to be investigated.
(b) For the purpose of conducting any investigation as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and, for such purposes, the Secretary of State is authorized to issue a subpoena for any witness or a subpoena for the production of documentary evidence to compel the production of any books, records, or papers. Said subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(c) In case of refusal to obey a subpoena issued under any Code section of this article chapter to any person, a superior court of appropriate jurisdiction, upon application by the Secretary of State, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.
(d) The Secretary of State is authorized to hold investigative hearings with respect to any matter under this article chapter. A hearing as provided for in this Code section may be conducted by any person designated by the Secretary of State for that purpose. A transcript of the testimony and evidence resulting from such hearing may, but need not, be transcribed by the Secretary of State. A report of the investigative hearing shall be included in the investigative report prepared for the Secretary of State. Any recommendations of the designated representative of the Secretary of State shall be advisory only and shall not have the effect of an order of the Secretary of State.
(e) The Secretary of State shall have the authority to inspect and audit or cause to be audited the books of each registrant under this chapter that has established and maintained a perpetual care trust fund or a preneed escrow account pursuant to this article. Said audit may be conducted by the Secretary of State as frequently as the Secretary of State may deem appropriate, provided that, in lieu of an audit, the Secretary of State may accept a certified report of examination from a certified public accountant as to the accuracy of the condition of each trust fund or escrow account. Furthermore, in the event that the Secretary of State may find reason to believe in any case that the amounts of funds on deposit are less than that required by this article chapter, the Secretary of State may require such increase of deposit as he or she reasonably believes necessary to accomplish the provisions of this article chapter.
(f) Pursuant to the auditing powers given to the Secretary of State by this article chapter, the Secretary of State may assess against the audited registrant reasonable and necessary expenses incurred by an audit conducted by the Secretary of State or his representatives of such official. Such an audit may be undertaken pursuant to a proposed transfer of ownership, the failure of the registrant to keep and maintain sufficient records, or an administrative or legal action. Assessment of said reasonable and necessary audit expenses shall be $75.00 per auditor per day plus actual expenses. The combined audit expenses and actual expenses shall not exceed $1,000.00 per 12 months for any one cemetery. A certified audit conducted by an independent accountant of the registrant's perpetual care trust account and preneed escrow account may be accepted by the Secretary of State in lieu of audit. Expenses for an audit undertaken pursuant to administrative or legal action will be assessed against the registrant only if such audit results in an adverse finding pursuant to such action.

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44-3-141. 10-14-16.
(a) The owner of every cemetery may make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of such cemetery and of all parts and subdivisions thereof; for restricting, limiting, and regulating the use of all property within such cemetery; for regulating and preventing the introduction and care of plants or shrubs within such grounds; for regulating the conduct of persons and preventing improper assemblages therein; and for all other purposes deemed necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of safeguarding the premises and the principles, plans, and ideas on which the cemetery was organized. From time to time, the owner may amend, add to, revise, change, modify, or abolish such rules and regulations. Such rules and regulations shall be plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery; provided, however, that no cemetery to which the provisions of this article chapter are applicable shall have the power to adopt any rule or regulation in conflict with any of the provisions of this article chapter or in derogation of the contract rights of lot owners or owners of burial rights. Upon request, the registrant shall provide a copy of said rules and regulations to any person who requests it.
(b) The owner of every cemetery shall have the further right to establish reasonable rules and regulations regarding the type material, design, composition, finish, and specifications of any and all merchandise to be used or installed in the cemetery. Reasonable Subject to the provisions of this Code section and rules of the Secretary of State, reasonable rules may further be adopted regarding the installing by the cemetery or others of all merchandise to be installed in the cemetery. Such rules and regulations shall be posted conspicuously and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery. Upon request, the registrant shall provide a copy of said rules and regulations to any person requesting it. No cemetery owner shall have the right to prevent the use of any merchandise purchased by a lot owner or owner of a burial right, his or her representative, his or her agent, or his or her heirs or assigns from any source, provided the merchandise meets all rules and regulations.
(c) All cemetery owners registrants shall have a full and complete schedule of all charges for grave lots, burial rights, burial or funeral merchandise, and burial or funeral services provided by the cemetery registrant plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery. Upon request, the registrant shall provide a copy of said schedule of charges to any person requesting it.
44-3-142. 10-14-17.
(a) It shall be unlawful for any person:
(1)-To sell any cemetery property, burial rights, burial services, or burial merchandise without obtaining and maintaining a valid registration with the Secretary of State;
(2)(1) To sell or offer to sell any cemetery property, burial rights, burial or funeral services, or burial or funeral merchandise by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, the buyer not knowing of the untruth or omission, if such person shall not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the untruth or omission; or
(3)(2) To sell or offer to sell any cemetery property, burial rights, burial or funeral services, or burial or funeral merchandise in violation of any provision of this article chapter or rule, regulation, or order promulgated or issued by the Secretary of State under any provision of this article. chapter;
(3) Except as otherwise provided in paragraph (4) of this subsection, in connection with the sale of preneed merchandise or services, to fail to refund, at any time after sale, within three business days of the request of the purchaser or the purchaser's heirs or assigns the sales prices plus applicable interest as determined according to rules promulgated by the Secretary of State;

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(4) In connection with the sale of monuments or vaults, to fail to refund the full sales price within 24 hours of the request of the purchaser or the purchaser's heirs or assigns if such request is within 30 days after the sale; or if such request for refund is upon the delivery of the merchandise or within five years of the date of sale, whichever is sooner, to refund promptly no less than 50 percent of the sales price;
(5) To (b) It shall be unlawful for any person to misappropriate, convert, illegally withhold, or fail to account for any cemetery trust funds, escrow funds, or other funds established or maintained pursuant to this article. chapter;
(6) Knowingly (c) It shall be unlawful for any person knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this article chapter, any statement which is, at the time it is made and in the light of the circumstances under which it is made, false or misleading in any material respect.;
(7) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of funeral services if such person is not a licensed funeral director; or
(8) To sell any grave space which has not been platted and pinned.
(d)(b) It shall be unlawful for any person in connection with the ownership, offer, sale, or purchase of any cemetery property, burial rights, burial or funeral services, or burial or funeral merchandise, directly or indirectly:
(1) To employ any device, scheme, or artifice to defraud; or
(2) To engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller.
(c) In connection with the sale or installation of a monument, it shall be unlawful for a cemetery company to:
(1) Impose any condition upon the installation of a monument obtained from a third party, other than to require installation by a registrant under this chapter or as may be otherwise permitted by the rules and regulations of the Secretary of State;
(2) Charge a fee for the installation of a monument purchased or obtained from and to be installed by a person or firm other than the cemetery company or its agents, provided that the cemetery owner may charge a fee not to exceed $50.00 to reimburse the cemetery owner for its actual costs incurred in assisting in the siting of the monument on the lot on which it is to be installed, supervision and inspection of the installation to ensure compliance with the rules and regulations of the cemetery, and any administrative functions associated with the installation; provided, further, any such fee is properly disclosed and published as required by this chapter and charged regardless of whether the installer is or is not the cemetery owner or affiliated therewith;
(3) Refuse to mark the place on the grave where the marker or monument is to be installed and inspect the installation when completed to ensure compliance with cemetery rules and regulations;
(4) Require any person or firm that installs, places, or sets a monument to pay any fee other than any fee charged pursuant to paragraph (2) of this subsection;
(5) Tie the purchase of any grave space or burial right to the purchase of a monument from or through the seller or any other designated person or corporation;
(6) Refuse to provide care or maintenance for any portion of a grave site on which a monument has been placed, provided that installation has been in accordance with lawful rules and regulations of the cemetery;
(7) Attempt to waive liability with respect to damage caused by cemetery employees or agents to a monument after installation, where the monument or installation service is not purchased from the cemetery company providing grave space or from or through any other person or corporation designated by the person authorized to sell grave space or the cemetery company providing grave space; provided, however, that no cemetery company may be held

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liable for the improper installation of a monument where the monument is not installed by the cemetery company or its agents;
(8) After the promulgation of rules and regulations relating to the subject matter of this subsection by the Secretary of State, to require any person who installs, places, or sets a monument to obtain any form of insurance, bond, or surety or make any form of pledge, deposit, or monetary guarantee as a condition of entry or access to cemetery property or the installation of any monument thereon, other than as may be in accordance with said rules and regulations.
(d) Other than the fees for the sale of burial rights, burial or funeral merchandise, and burial or funeral services, no other fee may be directly or indirectly charged, contracted for, or received by a cemetery company as a condition for a customer to use any burial right, burial or funeral merchandise, or burial or funeral service, except for:
(1) Charges paid for opening and closing a grave and vault installation;
(2) Charges paid for transferring burial rights from one purchaser to another; however, no such fee may exceed $50.00 and such fee must have been disclosed in writing to the owner at the time of the initial purchase of the burial right from the cemetery;
(3) Charges for sales, documentary, excise, and other taxes actually and necessarily paid to a public official, which charges must be supported in fact;
(4) Charges for credit life and credit disability insurance, but only as requested by the purchaser, and the premiums for which do not exceed the applicable premium chargeable in accordance with the rates filed with the Insurance Commissioner; or
(5) Charges for interest on unpaid balances in accordance with applicable law.
Nothing herein shall prohibit a cemetery company from charging a reasonable fee for services it provides in connection with a lawful disinterment, provided such charges do not exceed the greater of the cemetery company's normal and customary charges for interment or the actual costs incurred by the cemetery directly attributable to such disinterment. Nothing herein shall prohibit a cemetery from charging a reasonable fee for actual costs it incurs due to the commencement of a funeral service at a time other than previously agreed by the cemetery company, the funeral establishment, and the owner of the burial rights, or his or her heirs and assigns, provided such charges are calculated in a manner which is disclosed and published as required by this chapter and that such charges are directly attributable to extra costs incurred by the cemetery company due to such late commencement.
(e) In connection with the sale of burial rights, burial or funeral merchandise, or burial or funeral services, it shall be unlawful for any person to fail to comply with the provisions of Article 1 of Chapter 1 of this title, 'The Georgia Retail Installment and Home Solicitation Sales Act' or Part 1 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975.' For the purposes of this subsection, burial rights, burial or funeral services, and burial or funeral merchandise shall constitute goods as that term is used in said article and said part.
(f) In connection with the installation of a monument:
(1) It shall be unlawful for any person installing said monument to fail to comply with the lawful rules and regulations of the cemetery regarding monument installation, provided that said rules and regulations are provided in writing to the installer prior to the installation. In the event such installation is not in conformity with said rules and regulations, the installer shall be liable to the cemetery for the actual cost of correcting such installation so it will be in conformity, provided that:
(A) The cemetery has notified the installer by certified mail, return receipt requested, of the reasons for the nonconformity not later than one year after the date of the installation; and
(B) The installer, provided it is registered under this chapter, shall have had not less than 30 days from its receipt of such notice to correct such nonconformity; and

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(2) An installer of a monument shall be liable to the cemetery, to its customers, and to third persons for damages to their respective property and for other damages arising due to the negligence or intentional act of such installer, which liability may not be waived by contract.
(g) No program offering free burial rights may be conditioned on any requirement to purchase additional burial rights, burial or funeral merchandise, or burial or funeral services.
(h) The contract rights of any purchaser of preneed merchandise shall be freely transferable without fee.
(i) It shall be unlawful for any owner or operator of a perpetual care cemetery to fail to provide care and maintenance for the cemetery.
10-14-18.
(a) A registrant offering to provide burial rights, burial or funeral merchandise, or burial or funeral services to the public shall:
(1) Provide by telephone, upon request, accurate information regarding the retail prices of burial or funeral merchandise and services offered for sale by the registrant;
(2) Fully disclose all regularly offered services and merchandise prior to the selection of burial rights, burial or funeral services, or burial or funeral merchandise. The full disclosure required shall identify the prices of all burial or rights, burial or funeral services, and burial or funeral merchandise provided by the registrant;
(3) Not make any false or misleading statements of the legal requirement as to the necessity of a casket or outer burial container;
(4) Provide a good faith estimate of all fees and costs the customer will incur to use any burial rights, merchandise, or services purchased;
(5) Provide to the customer a current copy of the rules and regulations of the registrant;
(6) Provide the registrant's policy on cancellation and refunds to each customer;
(7) Provide refunds if burial or funeral merchandise is not delivered as represented; and
(8) Provide the customer, upon the purchase of any burial right or burial or funeral merchandise or service, a written contract, the form of which has been filed with the Secretary of State.
(b) In a manner established by rule of the Secretary of State, the written contract shall provide on the signature page of the contract, clearly and conspicuously in boldface ten-point type or larger, the following:
(1) The words 'purchase price' together with the sum of all items set out in the contract in accordance with subsection (d) of this Code section;
(2) The amount to be placed in trust;
(3) Either:
(A) A statement that no further expenses will be incurred at the time of need; or
(B) A statement that additional expenses will be incurred at the time of need, the registrant's current price for each such expense, and a statement that such prices may be expected to increase in the future; and
(4) The telephone number designated by the Secretary of State for questions and complaints.

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(c) The written contract shall be completed prior to the signing of the contract by the customer and a copy of the contract shall be provided to the customer.
(d) The written contract shall provide an itemization of the amounts charged for all burial rights, burial or funeral services, burial or funeral merchandise, cash advances, and fees and other charges, which itemization shall be clearly and conspicuously segregated from everything else on the written contract.
(e) The written contract shall contain a description of the burial or funeral merchandise covered by the contract to include, when applicable, size, materials from which the burial or funeral merchandise is made, and other relevant specifications as may be required by the Secretary of State.
(f) The written contract shall disclose the location at which funeral services are to be provided and the space number of each lot or grave space.
44-3-143. 10-14-19.
(a) Whenever it may appear to the Secretary of State, either upon complaint or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this article chapter or by any rule, regulation, or order of the Secretary of State promulgated or issued pursuant to any Code section of this article chapter or which is declared to be unlawful under this article chapter, the Secretary of State may, at his or her discretion, act under any or all of the following paragraphs:
(1) Issue an order, if he or she deems it to be appropriate in the public interest or for the protection of consumers, prohibiting such person from continuing such act, practice, or transaction, subject to the right of such person to a hearing as provided in Code Section 44-3-147 10-14-23;
(2) Apply to any superior court of competent jurisdiction in this state for an injunction restraining such person and his such person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or engaging therein or doing any acts in furtherance thereof, and for appointment of a receiver or an auditor and such other and further relief as the facts may warrant; or
(3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the Attorney General, who may, at his or her individual discretion, institute the necessary criminal proceedings.
(b) In any proceedings for an injunction, the Secretary of State may apply for and be entitled to have issued the court's subpoena requiring the appearance forthwith of any defendant and his its agents, employees, partners, officers, or directors, and the production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of the public as the facts may warrant.
(c) In any criminal proceeding, either the district attorney or the Attorney General, or both, may apply for and be entitled to have issued the court's subpoena requiring the appearance forthwith of any defendant or his its agents, employees, partners, officers, or directors and the production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings.
(d) In any civil proceeding brought under this Code section, if the Secretary of State shall establish that a perpetual care trust fund or preneed escrow account has not been established and maintained as required, the assets of the cemetery, cemetery company, or preneed dealer may be seized and sold by the state under orders of the court to the extent necessary to provide said perpetual care trust fund or preneed escrow account and set up the same. In addition, where the certificate of registration has been revoked, the whole company property may be ordered sold after the perpetual care trust fund and preneed escrow account have been established so that the purchaser of the cemetery may continue to operate the same and maintain it under the terms of this article chapter.

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(e) The Secretary of State shall have the authority to petition a court of competent jurisdiction to remove a trustee or escrow agent for violation of the provisions of this article chapter, the rules and regulations promulgated under this article chapter, or for other unlawful acts and practices.
(f) In addition to any other penalties that may be imposed, any person willfully violating any provisions of Code Section 44-3-142 10-14-17 or 10-14-18 or of Code Section 44-3-136 10-14-11 or any rule, regulation, or order of the Secretary of State made pursuant to Code Section 44-3-142 10-14-17, 10-14-18, or 44-3-136 10-14-11 shall be subject to a civil penalty not to exceed $100.00 $10,000.00 for each day that such a single violation or violations persist but and not exceeding the total sum of $5,000.00 $100,000.00 for multiple violations in a single proceeding or a series of related proceedings. However, such penalty shall only be imposed if the person shall fail to correct any failure, refusal, or violation after written notice of the Secretary of State to correct same . The Secretary of State shall be authorized in his or her discretion to decline to impose a penalty or to impose any lesser penalty that he or she may deem to be sufficient and appropriate in any particular case. The amount of such penalty may be collected by the Secretary of State in the same manner that money judgments are now enforced in the superior courts of this state, except that the order or finding of the Secretary of State as to such penalty may be appealed according to the provisions of Code Section 44-3-146 10-14-22.
44-3-144. 10-14-20.
(a) Any Except as otherwise provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this article chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both.
(b) Any person who shall willfully violate subsection (b) of Code Section 44-3-142 10-14-17, Code Section 10-1418, or any provision of this article chapter regarding the establishment, maintenance, or reporting of any trust, reserve, or escrow funds mandated by this article chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 $10,000.00 or imprisonment for not less than one and not more than five years, or both.
(c) Nothing in this article chapter shall limit any statutory or common-law right of the state to punish any person for violation of any provision of any law.
44-3-145. 10-14-21.
(a) Any person who violates any provision of subsection (a), (b), or (d) of Code Section 44-3-142 10-14-17 shall be liable to the person buying such cemetery property, burial lot, burial right, burial merchandise, or burial service; and such buyer may bring action in any court of competent jurisdiction to recover the consideration paid in cash for the cemetery property, burial lot, burial right, burial merchandise, or burial service together with interest at the legal rate from the date of such payment, and reasonable attorney's fees and costs .
(b) In addition to the remedy set forth in subsection (a) of this Code section, a purchaser may apply to a court of competent jurisdiction in this state for an order authorizing the recovery of the preneed escrow deposit if a registrant fails to deliver burial merchandise or perform preneed burial services in accordance with the terms of the preneed sales contract.
(c) No person may bring action under this Code section more than two years from the date of the scheduled completion of the contract for sale or from the date of the sale if there is no contract for sale.
(d) Every cause of action under this article chapter survives the death of any person who might have been a plaintiff or defendant.
(e) Nothing in this article chapter shall limit any statutory or common-law right of any person in any court for any act involving the sale of cemetery property, a burial lot, burial right, burial merchandise, or burial services.
44-3-146. 10-14-22.

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(a) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 44-3-150 10-14-23 by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of State, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating:
(1) The order from which the appeal is taken;
(2) The ground upon which a reversal or modification of such order is sought; and
(3) A demand for a certified transcript of the record of such order.
(b) Upon receipt of such notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The appellant shall, within five days after receipt of such transcript, file such transcript and a copy of the notice of appeal with the clerk of the court. Said notice of appeal and transcript of the record shall constitute appellant's complaint. Said complaint shall thereupon be entered on the trial calendar of the court in accordance with the court's normal procedures.
(c) If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his or her further action in the matter, including the making and entering of any order or orders in connection therewith and the conditions, limitations, or restrictions to be contained therein.
44-3-147. 10-14-23.
(a) Where the Secretary of State has issued any order forbidding the sale of cemetery property, burial lots, burial rights, burial merchandise, or burial services under any provision of this article chapter, he or she shall promptly send to the cemetery owner, cemetery company, burial or funeral merchandise dealer, or preneed dealer and to the persons who have filed such application for registration a notice of opportunity for hearing. Before entering an order refusing to register any person or entity and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person or entity a notice of opportunity for hearing. Hearings shall be conducted by the Secretary of State pursuant to this Code section.
(b) Notices of opportunity for hearing shall be served by investigators appointed by the Secretary of State or sent by certified mail, return receipt requested, to the addressee's business mailing address, and such notice shall state:
(1) The order which has issued or which is proposed to be issued;
(2) The ground for issuing such order or proposed order; and
(3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice.
(c) Whenever a person requests a hearing in accordance with the provisions of this Code section, there shall immediately be set a date, time, and place for such hearing, and the person requesting such hearing shall forthwith be notified thereof. Except as provided in subsection (b) of Code Section 44-3-133, the The date set for such hearing shall be within 15 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the issuer of the notice and the person requesting such hearing.
(d) For the purpose of conducting any hearing as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such hearings, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the Secretary of State is authorized, at the request of the person requesting such hearing or upon his the official's own initiative, to issue a subpoena for any witnesses or a subpoena for the production of documentary evidence to compel the production of any books, records, or papers. Said subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found

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or where such person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(e) At any hearing conducted under this Code section, a party or an affected person may appear in his or her own behalf or may be represented by an attorney. A stenographic record of the testimony and other evidence submitted shall be taken unless the Secretary of State and the person requesting such hearing shall agree that such a stenographic record of the testimony shall not be taken. A transcript of the proceeding shall be made available to a party upon the payment of reasonable costs. The Secretary of State shall pass upon the admissibility of such evidence, but a party may at any time make objections to such rulings thereon; and, if the Secretary of State refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of such hearing.
(f) If the Secretary of State does not receive a request for a hearing within the prescribed time, he or she may permit an order previously entered to remain in effect or he or she may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall set forth his or her findings with respect to the matters involved and enter an order in accordance with his the Secretary's findings.
44-3-148. 10-14-24.
When consent to service of process is required under this article chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions brought by the State of Georgia arising out of or founded upon the sale of cemetery property, burial lots, burial rights, burial services, or burial merchandise in violation of this article chapter may be commenced in any court of competent jurisdiction with proper venue within this state by the service of process or pleadings upon the Secretary of State against the person executing such consent. Notwithstanding any provision in any other law to the contrary, service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by certified mail to the person against whom such process or pleadings are directed at his such person's latest address on file in the office of the Secretary of State.
44-3-149. 10-14-25.
Any condition, stipulation, or provision binding any person acquiring any cemetery property, burial lot, burial right, burial merchandise, or burial services to waive:
(1) Compliance with any provision of this article chapter or of the rules and regulations promulgated under this article chapter;
(2) Any rights provided by this article chapter or by the rules and regulations promulgated under this article chapter; or
(3) Any defenses arising under this article chapter or under the rules and regulations promulgated under this article chapter
shall be void.
44-3-150. 10-14-26.
For any action taken or any proceeding had under the provisions of this article chapter or under color of the law, the Secretary of State shall be immune from liability and action to the same extent that any judge of any court of general jurisdiction in this state would be immune.
44-3-151. 10-14-27.

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1137

(a) In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, stating compliance or noncompliance with the provisions of this article chapter, shall constitute prima-facie evidence of such compliance or noncompliance with the provisions of this article chapter and shall be admissible in any such action.
(b) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State of any documents filed in his or her office and of any of his or her records shall be admissible with the same effect as the original of such documents or records would have if actually produced.
44-3-152. 10-14-28.
(a) Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 1983 2000, except that no civil action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and, in any event, no later than July 1, 1983 2000.
(b) All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect. They shall be deemed to have been filed, entered, or imposed under this article chapter but are governed by prior law.
(c) Judicial review of all administrative orders as to which review proceedings have not been instituted by July 1, 1983 2000, are governed by Code Section 44-3-146 10-14-22, except that no review proceeding may be instituted unless the petition is filed within any period of limitation which applied to a review proceeding when the order was entered and, in any event, no later than August 1, 1983 2000.
10-14-29.
(a) A cemetery company shall start construction of that section of a mausoleum or columbarium in which sales, contracts for sales, reservations for sales, or agreements for sales are being made within four years after the date of the first such sale or 50 percent of the mausoleum or columbarium has been sold and the purchase price has been received, whichever occurs first. The construction shall be completed within five years after the date of the first sale made. If the units have not been completely constructed at the earlier of time of need or the time specified in this subsection, all moneys paid shall be refunded upon request, plus interest earned thereon for that portion of the moneys deposited in the preneed escrow account and an amount equal to the interest that would have been earned on that portion of the moneys that were not so deposited.
(b) A cemetery company that plans to offer for sale space in a section of a mausoleum or columbarium prior to construction shall establish a preconstruction trust fund by written instrument. The preconstruction trust fund shall be administered by a corporate trustee approved by the Secretary of State and not affiliated with the cemetery company and operated in conformity with applicable provisions of Code Section 10-14-7. The preconstruction trust fund shall be separate from any other trust funds that may be required by this chapter.
(c) Before a sale, contract for sale, reservation for sale, or agreement for sale in a mausoleum section or columbarium may be made, the cemetery company shall compute the amount to be deposited to the preconstruction trust fund. The total amount to be deposited in the fund for each unit of the project shall be computed by dividing the cost of the project plus 10 percent of the cost, as computed by a licensed contractor, engineer, or architect, by the number of crypts or niches in the mausoleum or columbarium. When payments are received in installments, the percentage of the installment payment placed in trust must be identical to the percentage which the payment received bears to the total cost of the contract, including other burial or funeral merchandise and services purchased. Preconstruction trust fund payments shall be made within 30 days after the end of the month in which payment is received.
(d) When the cemetery company delivers a completed crypt, mausoleum, columbarium, or niche acceptable to the purchaser in lieu of the crypt or niche purchased prior to construction, all sums deposited to the preconstruction trust fund for that purchaser shall be paid to the cemetery company.

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(e) Upon completion of the mausoleum section or columbarium, the cemetery company shall certify completion to the trustee and shall be entitled to withdraw all funds deposited to the account of such mausoleum section or columbarium.
(f) If the mausoleum section or columbarium is not completed within the time limits set out in this Code section, the trustee shall contract for and cause the project to be completed and pay therefor from the trust funds deposited to the project's account, paying any balance, less cost and expenses, to the cemetery company. The cemetery company shall be liable for any difference between the amount necessary to complete construction and the amount of trust funds.
(g) On or before January 31 of each year, the trustee shall file with the Secretary of State in the form prescribed by the Secretary of State, a full and true statement as to the activities of any trust established pursuant to this Code section for the preceding calendar year.
10-14-30.
The Secretary of State, by rule, may adopt minimum standards for interment of human remains, including, without limitation, standards for depth of burial, composition of vaults, caskets, and other containers, siting and marking of burial lots, and minimum standards for construction of mausoleums and columbaria. In addition, the Secretary of State may, by rule, provide for the minimum standards for or prohibition of aboveground burial containers."
SECTION 2.
Code Section 33-8-1 of the Official Code of Georgia Annotated, relating to fees and taxes paid to the Commissioner of Insurance, is amended by striking in its entirety subparagraph (Q) of paragraph (1) and inserting in lieu thereof the following:
"(Q) Preneed funeral service company 25.00 Reserved"
SECTION 3.
Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, is amended by striking and reserving in its entirety Article 2, relating to contracts for preneed funeral services, including Code Section 43-18-90, relating to legislative intent; Code Section 43-18-91, relating to policy declarations; Code Section 43-18-92, relating to definitions; Code Section 43-18-93, relating to certificates of authority for persons holding funds as payment on preneed funeral services contracts; Code Section 43-18-94, relating to applications for such certificates; Code Section 43-18-95, relating to records, examinations, and investigation; Code Section 43-18-96, relating to disposition of proceeds received on contracts; Code Section 43-1897, relating to service charges; Code Section 43-18-98, relating to payment of funds upon death of named beneficiary; Code Section 43-18-99, relating to liability of depository after beneficiary's death; Code Section 43-18100, relating to advertising; Code Section 43-18-101, relating to cancellation of contracts; Code Section 43-18-102, relating to revocation, suspension, or refusal to renew certificate of authority; Code Section 43-18-103, relating to applicability to persons authorized to operate cemeteries; Code Section 43-18-104, relating to injunctions; Code Section 43-18-105, relating to liquidation proceedings; Code Section 43-18-106, relating to fines; Code Section 4318-107, relating to enforcement; and Code Section 43-18-108, relating to penalties.
SECTION 4.
Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, is amended by striking and reserving in its entirety Article 4, relating to cemeteries, including Code Section 44-3-130, relating to the short title; Code Section 44-3-131, relating to definitions; Code Section 44-3-132, relating to employees' applications; Code Section 44-3-133, relating to prohibition of certain persons from employment; Code Section 44-3-134, relating to registration, trust funds, and escrow accounts; Code Section 44-3135, relating to filing fees and documents, state audits, change of ownership, and minimum size requirements; Code Section 44-3-136, relating to suspension or revocation of registration and denial of application for registration; Code Section 44-3-137, relating to accounts, agreement forms, bonds, trustees and escrow agents, funds allocation, and

Tuesday, March 7, 2000

1139

financial reports; Code Section 44-3-138, relating to venue; Code Section 44-3-139, relating to administration and rules and regulations; 44-3-140, relating to investigations, hearings, and audits; Code Section 44-3-141, relating to cemetery rules and regulations and service charges; Code Section 44-3-142, relating to prohibited acts; Code Section 44-3-143, relating to civil penalties; Code Section 44-3-144, relating to criminal penalties; Code Section 44-3-145, relating to purchaser's remedy for violations; Code Section 44-3-146, relating to judicial appeal; Code Section 44-3147, relating to administrative appeal; Code Section 44-3-148, relating to consent to service of process; Code Section 44-3-149, relating to waiver of rights or defenses; Code Section 44-3-150, relating to immunity of the Secretary of State; Code Section 44-3-151, relating to evidence in civil or criminal actions; and Code Section 44-3152, relating to actions pending under prior law.
SECTION 5.
Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, is amended in Code Section 44-12-260, relating to definitions relative to American Indian human remains and burial objects, by striking paragraph (4) in its entirety and inserting in lieu thereof the following:
"(4) 'Burial site' or 'burial ground' means an area dedicated to and used for interment of human remains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. Such a site may be any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which, as a part of the death rite or ceremony of a culture, individual human remains are deposited. Such term does not include any cemetery required to be registered with the Secretary of State pursuant to Code Section 44-3-134 1014-4."
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
Senators Polak of the 42nd, Hecht of the 34th, Walker of the 22nd and others offered the following amendment:
Amend the committee substitute to SB 462 by striking line 36 of page 26 and inserting in lieu thereof the following:
"funeral merchandise; provided, however, that any person licensed as a funeral director pursuant to Chapter 18 of Title 43 or any person employed by or under the supervision of such a funeral director shall deposit not less than 100 percent of the sales price of monuments and outer burial containers in said escrow account. For any other burial or funeral".
By striking line 5 of page 44 and inserting in lieu thereof the following:
"than 50 percent of the sales price; provided, however, that any person licensed as a funeral director pursuant to Chapter 18 of Title 43 or any person employed by or under the supervision of such a funeral director shall be subject to the provisions of paragraph (3) of this subsection regarding refunds in connection with the sale of monuments or vaults;".
On the adoption of the amendment, the yeas were 37, nays 0, and the Polak, et al. amendment to the committee substitute was adopted.
Senators Walker of the 22nd, Dean of the 31st and Hecht of the 34th offered the following amendment:
Amend the Senate Finance and Public Utilities Committee substitute to SB 462 by striking from line 41 of page 43 the following:
"24 hours",
and inserting in lieu thereof the following:
"three business days".

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By striking lines 2 through 5 of page 44 and inserting in lieu thereof the following:

"sale; or if such request for refund of the merchandise is within five years of the date of sale and the merchandise has not been delivered, to fail to refund promptly no less than 50 percent of the sales price;".

On the adoption of the amendment, the yeas were 42, nays 0, and the Walker, et al. amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by 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 Y Brown 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

E Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following communication from His Excellency, Governor Roy Barnes, was read by the Secretary:

March 7, 2000

The Honorable Mark Taylor Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334

Dear Lieutenant Governor Taylor and Members of the Senate:

I submit to you, as provided by law, the following appointments for confirmation:

Tuesday, March 7, 2000

1141

The Honorable James D. Yancey of Muscogee County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning June 18, 1999, and ending January 1, 2000, and beginning February 7, 2000, and ending January 1, 2007.

The Honorable Connie Cater of Bibb County, the Honorable Joe Frank Harris of Bartow County, the Honorable Martin W. NeSmith of Evans County, and the Honorable Joel Wooten of Muscogee County as members of the Board of Regents of the University System of Georgia for the term of office beginning June 18, 1999, and ending January 1, 2006.

The Honorable Thomas F. Allgood, Sr., of Richmond County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning February 7, 2000, and ending January 1, 2007.

Sincerely,

/s/ Roy E. Barnes

The President assigned the Governors' appointments to the Board of Regents to the Senate Higher Education Committee.

The Calendar was resumed.

SB 524. By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:

A bill to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to provide for erosion and sediment control plans for certain construction or maintenance projects of the Department of Transportation or the State Tollway Authority; to provide for an Erosion and Sediment Control Overview Council and the appointment, powers, duties, and compensation of members thereof; to change certain provisions relating to exemptions from the applicability of provisions of said chapter; to repeal conflicting laws; and for other purposes.

Senators Ray of the 48th and Streat of the 19th offered the following amendment:

Amend SB 524 by inserting the following on page 3:

On line 31, between the words "maintenance" and "of", add the phrase "by the contractor".

On line 33, between the words "defense" and "to", add the phrase "by the contractor".

On the adoption of the amendment, the yeas were 41, 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 Y Brown Y Brush N Burton Y Butler Y Cable Y Cagle Y Cheeks

E Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat N Tanksley

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JOURNAL OF THE SENATE

N Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Land N Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 49, nays 5.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill was taken up to consider House action thereto:

SB 399.

By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, Price of the 56th and others:

A bill to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for state and local government activities with respect to preservation of greenspace; to state legislative intent; to define terms; to create the Georgia Greenspace Commission and provide for its membership, powers and duties, and operations; to create the Georgia Greenspace Trust Fund and provide for appropriations and other additions to said fund, as well as grants and other disbursements from said fund; to provide for eligibility for and award and disbursement of grants to counties; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House amendments were as follows:

House Amendment #1:

Amend SB 399 by striking all matter on line 5 of page 3 and inserting in place thereof the following: "State Forestry Commission, and three additional members to be".

House Amendment #2:

Amend SB 399 by adding after the first semicolon on line 18 of page 1 the following:

"to provide an effective date;".

By renumbering Section 2 as Section 3 and inserting 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 Thompson of the 33rd moved that the Senate agree to the House amendments to SB 399.

On the motion, the President ordered a roll call, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun

E Harbison Y Hecht Y Hill Y Hooks

Y Price,R Y Price,T Y Ragan Y Ray

Tuesday, March 7, 2000

1143

Y Brown 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 Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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 amendments to SB 399.

The Calendar was resumed.

SR 624. By Senator Jackson of the 50th:

A resolution designating the Ted Taft Copeland Dam; and for other purposes.

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 Y Brown 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

E Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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SR 571. By Senator Smith of the 25th:

A resolution encouraging and promoting efforts to educate citizens and health care practitioners regarding ovarian cancer detection and prevention, the risk factors involved in its development, and the early warning symptoms and signs; and for other purposes.

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 Y Brown 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

E Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Madden Y Marable Y Meyer v Bremen Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 618. By Senators Smith of the 25th, Thomas of the 2nd, Meyer von Bremen of the 12th and others:

A resolution creating the Senate Teacher Morale Study Committee; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan

E Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden

N Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr N Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N

Tuesday, March 7, 2000

1145

Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 46, nays 7.

The resolution, having received the requisite constitutional majority, was adopted.

SR 592. By Senators Hill of the 4th, Meyer von Bremen of the 12th, Ragan of the 11th and others:

A resolution urging the United States Congress to amend the provisions of the Social Security Act relating to Medicaid and specifically to the Medicaid Disproportionate Share Exclusion Exemption; and for other purposes.

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 Y Brown 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

E Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden
Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 638. By Senators Gillis of the 20th, Hooks of the 14th, Bowen of the 13th and others:

A resolution designating the William S. Stuckey, Sr., Highway; and for other purposes.

Senator Gillis of the 20th offered the following amendment:

Amend SR 638 by changing "William S Stuckey Sr. wherever it appears in the resolution to read as follows:

"Williamson S. Stuckey, Sr."

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

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JOURNAL OF THE SENATE

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 Y Brown 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

E Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer v Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SB 485. By Senators Hill of the 4th, Thomas of the 10th, Williams of the 6th and others:

A bill to be entitled an Act to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to provide that no person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; to define a certain term; to provide exceptions; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown
Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort

E Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable

Y Price,R Y Price,T Y Ragan Y Ray Y Scott
Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R

Tuesday, March 7, 2000

1147

Y Gillis Y Gingrey Y Golden Y Guhl

Y Meyer v Bremen Y Perdue Y Polak

Y Thompson Walker
Y Williams

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

March 7, 2000

SB 485

My machine did not register my YEA vote. Please show in the Journal a YEA vote for SB 485.

Thank You, /s/ Senator Thomas - 2nd District

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1441.

By Representative Murphy of the 18th:

A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety and the Department of Motor Vehicle Safety.

Senator Walker of the 22nd moved that the Senate adjourn until 9:30 a.m. tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 3:08 p.m.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, March 8, 2000 Thirty-third Legislative Day
The Senate met pursuant to adjournment at 9:30 a.m. today and was called to order by the President Pro Tempore.
Senator Brown of the 26th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1312.

By Representative Martin of the 47th:
A bill to amend an Act establis hing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to revise certain costs and service fees charged by the clerk and marshal of said court.

HB 1539.

By Representative Martin of the 47th:
A bill to amend an Act entitled the "Atlanta Community Improvement District Act," so as to change certain provisions relating to governmental services.

HB 1546.

By Representatives Martin of the 47th and McKinney of the 51st:
A bill to provide for the compensation of the judges of the State Court of Fulton County, the judges of the Juvenile Court of Fulton County, and the judge of the Probate Court of Fulton County.

HB 1645.

By Representatives Manning of the 32nd, Sauder of the 29th, Grindley of the 35th and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to change the provisions regarding the appointment and election of members of the Authority and the provisions relating to voting by property owners.

HB 1648.

By Representatives DeLoach of the 172nd, Barnard of the 154th, Tillman of the 173rd and others:
A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for staggered terms for the chairperson and commissioners.

HB 1651.

By Representative Whitaker of the 7th:

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1149

A bill to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," so as to change the number of members of the authority; to provide for the appointment and initial terms of office of the additional member.

HB 1652.

By Representatives Williams of the 114th, Howard of the 118th, DeLoach of the 119th and others:
A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for certain powers and duties of the marshal of said court.

HB 1550.

By Representatives Reed of the 52nd, McKinney of the 51st, Holmes of the 53rd and others:
A bill to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city who are 65 years of age or over whose net income does not exceed $40,000.00.

HB 1450.

By Representative Royal of the 164th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts; to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts.

HB 549.

By Representatives Teague of the 58th, Maddox of the 72nd, McKinney of the 51st and others:
A bill to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to the minimum wage law, so as to change the minimum wage; to provide for a gradual increase in the minimum wage; to provide for an adjusted minimum wage rate to be calculated by the Department of Labor annually beginning March 30, 2001.

HB 1388.

By Representatives Coleman of the 80th, Taylor of the 134th, Mosley of the 171st and others:
A bill to create a program of indemnification with respect to public school personnel who are killed or permanently disabled by an act of violence in the line of duty; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special and distinctive license plate honoring Georgia educators with revenue derived from the sale of such plates dedicated to a fund for such program of indemnification.

HB 1615.

By Representatives Teper of the 61st, McKinney of the 51st, Royal of the 164th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide for an additional ex officio member of the Board of Directors of the Authority; to provide that the rate of the retail sales and use tax for the Authority shall be 1 percent until and including June 30, 2062, and thereafter shall be reduced to one-half of l percent.

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HB 1406.

By Representatives Trense of the 44th, Sinkfield of the 57th and Smith of the 103rd:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide additional methods to remove county directors and district directors; to change the method of appointing district directors and county directors; to provide for annual reports and for appearances to answer certain questions.

HB 1630.

By Representatives Smyre of the 136th, Skipper of the 137th, Walker of the 141st and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to revise provisions relating to campaign finance disclosure and regulation.

HB 1160.

By Representatives Murphy of the 18th, Co leman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 2000 and ending June 30, 2001.

HB 1492.

By Representatives Purcell of the 147th, Hudson of the 156th, Powell of the 23rd and others:
A bill to amend Code Section 10-5B-4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities, so as to provide that it shall be unlawful for telephone solicitors to make calls from unlisted telephone numbers.

HB 584.

By Representatives Mobley of the 69th, Ragas of the 64th, Brooks of the 54th and others:
A bill to amend Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to arraignment and entry of plea in criminal cases, so as to provide that prior to acceptance of a plea of guilty the court shall determine whether the defendant is freely entering the plea with an understanding as to its effect on the status of a resident alien or naturalized citizen.

HB 1413.

By Representatives Hanner of the 159th, Coleman of the 142nd, Royal of the 164th and others:
A bill to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, so as to revise and change certain provisions regarding grants and other disbursements of funds; to provide for procedures, conditions, and limitations with respect to certain loans; to create the state community development program.

HB 1654.

By Representative Skipper of the 137th:
A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to provide for the Southwest Georgia Railroad Excursion Authority.

HB 1577.

By Representatives Buck of the 135th, Royal of the 164th and Smith of the 175th:

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1151

A bill to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization regarding revenue and taxation, so as to authorize the state revenue commissioner to allow certain access to certain confidential materials, documents, and information for certain research purposes.

HB 1576.

By Representatives Stokes of the 92nd, Manning of the 32nd, Wix of the 33rd and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to change certain provisions relating to interception of wire, oral, and electronic communications.

HB 1275.

By Representatives Byrd of the 170th, Mosley of the 171st and Stephens of the 150th:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, so as to define certain terms; to provide that an employer whose employee has suffered unlawful violence or a credible threat of violence that has been carried out at the employer's workplace may seek a temporary restraining order and an injunction prohibiting further violence or threats of violence.

HB 1574.

By Representative Bordeaux of the 151st:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to revise and clarify provisions relating to compensation and expenses for certain senior judges, certain retired judges, and certain judges emeritus.

HB 703.

By Representative Holland of the 157th:
A bill to amend Code Section 44-13-100 of the Officia l Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to provide for an exemption in the event of spouses filing jointly.

HB 712.

By Representatives Cox of the 105th, Smith of the 103rd, Sauder of the 29th and others:
A bill to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation, so as to change the conditions relating to what conduct constitutes such offense.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 971.

By Representatives Coleman of the 80th, Taylor of the 134th, Jamieson of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund.

The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

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SR 411.

By Senators Starr of the 44th, Scott of the 36th, Johnson of the 1st and others:

A resolution proposing an amendment to the Constitution so as to allow the Governor to appoint a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 549. By Representatives Teague of the 58th, Maddox of the 72nd, McKinney of the 51st and others:

A bill to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to the minimum wage law, so as to change the minimum wage; to provide for a gradual increase in the minimum wage; to provide for an adjusted minimum wage rate to be calculated by the Department of Labor annually beginning March 30, 2001; and for other purposes.

Referred to the Committee on Insurance and Labor.

HB 584. By Representatives Mobley of the 69th, Ragas of the 64th, Brooks of the 54th and Epps of the 131st:

A bill to amend Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to arraignment and entry of plea in criminal cases, so as to provide that prior to acceptance of a plea of guilty the court shall determine whether the defendant is freely entering the plea with an understanding as to its effect on the status of a resident alien or naturalized citizen; and for other purposes.

Referred to the Committee on Judiciary.

HB 703. By Representative Holland of the 157th:

A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to provide for an exemption in the event of spouses filing jointly; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 712. By Representatives Cox of the 105th, Smith of the 103rd, Sauder of the 29th and others:

A bill to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation, so as to change the conditions relating to what conduct constitutes such offense; and for other purposes.

Referred to the Committee on Judiciary.

HB 1160. 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, 2000 and ending June 30, 2001; and for other purposes.

Referred to the Committee on Appropriations.

HB 1275. By Representatives Byrd of the 170th, Mosley of the 171st and Stephens of the 150th:

A bill to be entitled an Act to amend Chapter 1 of Title 34 of the O.C.G.A., relating to general provisions regarding labor and industrial relations, so as to define certain terms; to provide that an employer whose employee has suffered unlawful violence or a credible threat of violence that has been

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1153

carried out at the employer's workplace may seek a temporary restraining order and an injunction prohibiting further violence or threats of violence; to provide for the jurisdiction of the superior courts over petitions for such temporary restraining orders and injunctions; to provide for the filing of petitions, hearings, service, and notification of law enforcement agencies; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
HB 1312. By Representative Martin of the 47th:
A bill to be entitled an Act to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6045), so as to revise certain costs and service fees charged by the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1388. By Representatives Coleman of the 80th, Taylor of the 134th, Mosley of the 171st and others:
A bill to be entitled an Act to create a program of indemnification with respect to public school personnel who are killed or permanently disabled by an act of violence in the line of duty; to amend Article 3 of Chapter 2 of Title 40 of the O.C.G.A., relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special and distinctive license plate honoring Georgia educators with revenue derived from the sale of such plates dedicated to a fund for such program of indemnification; to amend Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnification of public officers and employees, so as to provide for such indemnification program for public school personnel; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1406. By Representatives Trense of the 44th, Sinkfield of the 57th and Smith of the 103rd:
A bill to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide additional methods to remove county directors and district directors; to change the method of appointing district directors and county directors; to provide for annual reports and for appearances to answer certain questions; to change the provisions regarding salaries of county department staff; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
HB 1413. By Representatives Hanner of the 159th, Coleman of the 142nd, Royal of the 164th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, so as to revise and change certain provisions regarding grants and other disbursements of funds; to provide for procedures, conditions, and limitations with respect to certain loans; to create the state community development program; to provide for funds and use thereof; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
HB 1441. By Representative Murphy of the 18th:
A bill to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety and the

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Department of Motor Vehicle Safety; to provide for the responsibilities of the new department with respect to laws relating to registration and titling of motor vehicles, issuance and control of drivers' licenses, vehicle size and weight, fuel tax registration, motor carrier safety, and other laws formerly the responsibility of the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 1450. By Representative Royal of the 164th:
A bill to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts; to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1492. By Representatives Purcell of the 147th, Hudson of the 156th, Powell of the 23rd and others:
A bill to be entitled an Act to amend Code Section 10-5B-4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities, so as to provide that it shall be unlawful for telephone solicitors to make calls from unlisted telephone numbers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1539. By Representative Martin of the 47th:
A bill to be entitled an Act to amend an Act entitled the "Atlanta Community Improvement District Act," approved April 4, 1991 (Ga. L. 1991, p. 3653), as amended, so as to change certain provisions relating to governmental services; to redefine a term; to change certain provisions relating to taxes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1546. By Representatives Martin of the 47th and McKinney of the 51st:
A bill to be entitled an Act to provide for the compensation of the judges of the State Court of Fulton County, the judges of the Juvenile Court of Fulton County, and the judge of the Probate Court of Fulton County; to repeal an Act to increase the salaries of the judges of certain courts of Fulton County, approved March 29, 1971 (Ga. L. 1971, p. 2304); to repeal an Act to fix the salaries of the judges of certain courts of Fulton County, approved March 23, 1972 (Ga. L. 1972, p. 2395); to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1550. By Representatives Reed of the 52nd, McKinney of the 51st, Holmes of the 53rd and others:
A bill to be entitled an Act to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city who are 65 years of age or over whose net income does not exceed $40,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating

Wednesday, March 8, 2000

1155

thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1574. By Representative Bordeaux of the 151st:
A bill to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to revise and clarify provisions relating to compensation and expenses for certain senior judges, certain retired judges, and certain judges emeritus; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1576. By Representatives Stokes of the 92nd, Manning of the 32nd, Wix of the 33rd and others:
A bill to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to change certain provisions relating to interception of wire, oral, and electronic communications; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1577. By Representatives Buck of the 135th, Royal of the 164th and Smith of the 175th:
A bill to be entitled an Act to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization regarding revenue and taxation, so as to authorize the state revenue commissioner to allow certain access to certain confidential materials, documents, and information for certain research purposes; to provide for procedures, conditions, and limitations; to provide for criminal penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1601. By Representative Connell of the 115th:
A bill to be entitled an Act to amend Code Section 44-14-320 of the Official Code of Georgia Annotated, relating to establishment of certain liens and removal of nonconforming liens, so as to expressly prohibit accepting for filing, indexing, or recording any nonconforming lien; to provide procedures for expedited cancellation of nonconforming liens filed against government officials or employees based upon the performance or nonperformance of their official duties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1615. By Representatives Teper of the 61st, McKinney of the 51st, Royal of the 164th and others:
A bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide for an additional ex officio member of the Board of Directors of the Authority; to provide that the rate of the retail sales and use tax for the Authority shall be 1 percent until and including June 30, 2062, and thereafter shall be reduced to one-half of 1 percent; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.

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HB 1630. By Representatives Smyre of the 136th, Skipper of the 137th, Walker of the 141st and Sauder of the 29th:
A bill to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to revise provisions relating to campaign finance disclosure and regulation; to add definitions; to change provisions relating to limitations upon amounts of contributions; to provide for separate depository accounts and limitations on spending the money in such accounts; to change the time of filing of certain campaign finance disclosure reports; to require registration of certain persons; to specify the content of certain disclosure reports; to provide for electronic filing of campaign contribution disclosure reports; to allow the acceptance of certain contributions at certain times, in certain amounts, and for certain purposes; to repeal conflicting laws; and for other purposes.

Senator Dean of the 31st gave notice that at the proper time he would ask that HB 1630 be engrossed.
HB 1645. By Representatives Manning of the 32nd, Sauder of the 29th, Grindley of the 35th and others:
A bill to be entitled an Act to amend an Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 3921), so as to change the provisions regarding the appointment and election of members of the Authority and the provisions relating to voting by property owners; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1648. By Representatives DeLoach of the 172nd, Barnard of the 154th, Tillman of the 173rd and Mosley of the 171st:
A bill to be entitled an Act to amend an Act creating the board of commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved February 10, 1986 (Ga. L. 1986, p. 3557), so as to provide for staggered terms for the chairperson and commissioners; to provide for related matters; to provide for the submission of this Act under the federal Voting Rights Act of 1965; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1651. By Representative Whitaker of the 7th:
A bill to be entitled an Act to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," approved March 31, 1987 (Ga. L. 1987, p. 5424), as amended, so as to change the number of members of the authority; to provide for the appointment and initial terms of office of the additional member; to change the provisions relating to quorums; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1652. By Representatives Williams of the 114th, Howard of the 118th, DeLoach of the 119th and others:
A bill to be entitled an Act to amend an Act creating the Civil Court of Richmond County, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, particularly but not exclusively by an Act approved March 21, 1974 (Ga. L. 1974, p. 2410), so as to provide for certain powers and duties of the marshal of said court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

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1157

HB 1654. By Representative Skipper of the 137th:

A bill to be entitled an Act to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to provide for the Southwest Georgia Railroad Excursion Authority; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

HR 971. By Representatives Coleman of the 80th, Taylor of the 134th, Jamieson of the 22nd and others:

A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Judiciary.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

HB 1314. Do pass.

Respectfully submitted, Senator Hooks of the 14th District, Chairman

Mr. President:

The Committee on Finance and Public Utilities 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 446. HB 1246. HB 1303. HB 1215. HB 1349. HB 1415. HR 878. HR 1081.

Do pass. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass as amended.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1151. Do pass by substitute. HB 1168. Do pass.

Respectfully submitted,

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Senator Madden of the 47th 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 533. Do pass. SB 534. Do pass. HB 1344. Do pass.
Respectfully submitted, Senator Thomas of the 10th District, Chairman
The following communication was read by the Secretary:
The State Senate Atlanta, Georgia 30334
March 7, 2000
Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
The Senate Committee on Higher Education met on Tuesday, March 7, 2000, and considered Governor Roy Barnes' appointees to the Board of Regents of the University System of Georgia. The Committee voted unanimously to recommend to the Senate that the following appointees be confirmed:
Honorable James D. Yancey of Muscogee County, for the term of office beginning June 18, 1999, and ending January 1, 2000, and beginning February 7, 2000, and ending January 1, 2007.
Honorable Connie Cater of Bibb County, for the term of office beginning June 18, 1999, and ending January 1, 2006.
Honorable Joe Frank Harris of Bartow County, for the term of office beginning June 18, 1999, and ending January 1, 2006.
Honorable Martin W. NeSmith of Evans County, for the term of office beginning June 18, 1999, and ending January 1, 2006.
Honorable Joel Wooten of Muscogee County, for the term of office beginning June 18, 1999, and ending January 1, 2006.
Honorable Thomas F. Allgood, Sr., of Richmond County, for the term of office beginning February 7, 2000, and ending January 1, 2007.
If you require further information, please call me.
Sincerely,
/s/ Jack Hill

Wednesday, March 8, 2000

1159

The following bills were read the second time:

HB 1026 HB 1214 HB 1339 HB 1346 HB 1411

HB 1417 HB 271 HB 646 HB 905

The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Broun Brown Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey

Guhl Hecht Hill Hooks Huggins Johnson,E Kemp Lamutt Land Lee Madden Marable M V Bremen Perdue Polak Price,R

Price,T Ragan Ray Scott Smith Stephens Stokes Streat Tate Thomas,D Thomas,N Thomas,R Thompson Walker Williams

Those not answering were :

Brush Golden Hamrick Harbison Jackson James Ladd Starr (Presiding) Tanksley

The following communication was received by the Secretary:

To: Mr. Frank Eldridge, Jr., Secretary of the Senate

From: Ms. Karen Thompson, secretary

Date: Wednesday, March 8, 2000

This is to inform you that Senator Donzella J. James of the 35th was delayed on Wednesday, March 8, 2000 due to her participation in "Safe Drivers Awareness Day", a pre-scheduled press conference in cooperation with the Governor's Office of Highway Safety.

She was not in the Senate Chambers at the time of roll call but was in the Capitol Rotunda.

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*(The event was scheduled to precede a 10:00 a.m. convening time, however, Wednesday's session convened at 9:30 a.m.)

Please excuse her for missing roll call.

Thank you.

The members pledged allegiance to the flag. Prayer was offered by Dr. James Merritt, pastor of Snellville First Baptist Church, Snellville, Georgia.

The following resolutions were read and adopted:

SR 677. By Senator Bowen of the 13th:

A resolution recognizing the Slosheye Trail Big Pig Jig as the state's Official Barbecue Cooking Contest; and for other purposes.

SR 678. By Senators Tate of the 38th and Smith of the 25th:

A resolution commending Lithangia Shannell Robinson; and for other purposes

SR 679.

By Senator Tate of the 38th: A resolution recognizing Rev. James H. Sims, Jr.; and for other purposes.

SR 681. By Senator Golden of the 8th:

A resolution commending the Providence Missionary Baptist Church; and for other purposes.

SR 682. By Senator Ray of the 48th:

A resolution recognizing and commending the North Gwinnett High School Competitive Cheerleading Team; and for other purposes.

SR 683. By Senator Madden of the 47th:

A resolution commending Melissa Brown, Nichelle Appleby, and Julie Epps; and for other purposes. Senator Polak of the 42nd introduced Danielle Sered, commended by SR 565, adopted previously.

The President assumed the Chair.

Senator Crotts of the 17th introduced Coy Short, commended by SR 413, adopted previously.

Senator Crotts of the 17th introduced Lieutenant Colonel Francis B. Williams, III, commended by SR 561, adopted previously.
Senator Hill of the 4th introduced Miss Georgia 1999, Osjha Anderson, commended by SR 664, adopted previously.

The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR

Wednesday, March 8, 2000

Wednesday, March 8, 2000

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Thirty-third Legislative Day

(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 533

Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Gingrey of the 37th Tate of the 38th

COBB COUNTY

A bill to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, so as to change the date upon which the commission will be abolished; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 534

Stephens of the 51st

GILMER COUNTY

A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824), as amended, so as to provide for an advisory referendum election to be held in Gilmer County for the purpose of ascertaining whether the voters of Gilmer County prefer that the Gilmer County Board of Commissioners adopt a land use (zoning) ordinance for the unincorporated area of Gilmer County; to provide procedures and requirements and for other matters relative thereto; to repeal conflicting laws; and for other purposes.

HB 1344

Cheeks of the 23rd Gillis of the 20th

CITY OF STAPLETON

A bill to be entitled an Act to provide a new charter for the City of Stapleton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun

Hamrick Y Harbison Y Hecht Y Hill

Y Price,R Y Price,T Y Ragan
Ray

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Y Brown 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 Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Scott Smith
Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the local bills, the yeas were 52, nays 0.

The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

The time having arrived for the motion, Senator Walker of the 22nd moved that the following bill be engrossed:
HB 1630. By Representatives Smyre of the 136th, Skipper of the 137th, Walker of the 141st and Sauder of the 29th:

A bill to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to revise provisions relating to campaign finance disclosure and regulation; to add definitions; to change provisions relating to limitations upon amounts of contributions; to provide for separate depository accounts and limitations on spending the money in such accounts; to change the time of filing of certain campaign finance disclosure reports; to require registration of certain persons; to specify the content of certain disclosure reports; to provide for electronic filing of campaign contribution disclosure reports; to allow the acceptance of certain contributions at certain times, in certain amounts, and for certain purposes; to repeal conflicting laws; and for other purposes.

Senator Johnson of the 1st objected to the motion to engross HB 1630.

On the motion, the President ordered a roll call, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush N Burton
Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt N Land Y Lee Y M V Bremen Y Madden Y Marable

N Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker

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Y Golden N Guhl

N Perdue Y Polak

N Williams

On the motion to engross, the yeas were 34, nays 20; the motion prevailed, and HB 1630 was ordered engrossed.

The President referred HB 1630 to the Senate Ethics Committee.

Senator Butler of the 55th recognized representatives from the Georgia Chapter of Mother's Voices, commended by SR 658, adopted previously.

Senator Butler of the 55th spoke to SR 657, adopted previously, recognizing the Stone Mountain Freedom Bell.

NOTICE OF MOTION TO RECONSIDER:

SB 476 Sentence for serious felony-review by 3-judge panel (Corr-34th)

SENATE RULES CALENDAR

Wednesday, March 8, 2000 THIRTY-THIRD LEGISLATIVE DAY

SB 367 Community Affairs/Local Governments-use of uniform charts accounts (Substitute) (SLGO-G-33rd)

SB 530 Senatorial Districts 33 and 37-description (Reappor-33rd)

SB 466 Furnishing Weapon to Person Under 18-penalty provisions (Substitute) (Judy-33rd)

SB 459 Lobbyists-registration fees (Substitute) (Amendment) (Ethics-44th)

SB 461 Tobacco Product Sale-prohibit in vending machines (Amendment) (V&CA-32nd)

SB 416 Juvenile Proceedings- change exclusive jurisdiction of superior court (Amendment) (Corr-23rd)

SB 370 Municipal Reapportionments-effective date (SLGO-G-33rd)

SB 60 Food Service Establishment-training courses on food safety (Substitute) (V&CA-33rd)

SB 406 Summer School Programs-local school systems (Substitute) (Ed-29th)

SB 473 Water Quality-monitoring powers, duties (Amendment) (Nat R-22nd)

SB 434 Alcoholic Beverage Sale-relative to grocers and Internet (Substitute) (DS&T-42nd)

SB 382 Health Care Facility Purchase, Sale-exempt certain restrictions (H&HS-4th)

SB 496 Vehicle Lengths, Loads-change provisions (Substitute) (Trans-19th)

SB 452 HOPE Scholarships-redefine elig ible high school (Ed-19th)

SB 431 Preneed Funeral Services Contract-fund disposition (Substitute) (B&FI-42nd)

SB 528 Board of Technical, Adult Education-driver training courses (Pub Saf-55th)

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Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee

The following general bills were read the third time and put upon their passage:

SB 367. By Senator Thompson of the 33rd:

A bill to be entitled an Act to amend Code Section 36-81-3 of the Official Code of Georgia Annotated, relating to fiscal years of local governments, so as to extend the time period in which the Department of Community Affairs and local governments shall be required to adopt and use certain initial uniform charts of accounts; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 367:

A BILL

To be entitled an Act to amend Code Section 36-81-3 of the Official Code of Georgia Annotated, relating to fiscal years of local governments, so as to extend the time period in which the Department of Community Affairs and local governments shall be required to adopt and use certain initial uniform charts of accounts; 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 36-81-3 of the Official Code of Georgia Annotated, relating to fiscal years of local governments, is amended by striking subsection (e) and inserting in its place a new subsection (e) to read as follows:

"(e) The Department of Community Affairs, in cooperation with the Association County Commissioners of Georgia and the Georgia Municipal Association, shall develop local government uniform charts of accounts. The uniform charts of accounts, including any subsequent revisions thereto, shall require approval of the state auditor prior to final adoption by the Department of Community Affairs. All units of local government shall adopt and use such initial uniform charts of accounts within 18 months following adoption of the uniform charts of accounts by the Department of Community Affairs. The department shall adopt the initial local government uniform charts of accounts no later than December 31, 1998. The department shall be authorized to grant a waiver delaying adoption of the initial uniform charts of accounts for a period of time not to exceed one two year upon a clear demonstration that conversion of the accounting system of the requesting local government, within the time period specified in this subsection, would be unduly burdensome."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch

Hamrick Y Harbison

Y Price,R Y Price,T

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Y Bowen Y Broun Y Brown 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 Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Ragan Y Ray
Scott Y Smith
Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Williams

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 530.

By Senator Thompson of the 33rd:
A bill to be entitled an Act to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 33 and 37; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following document was received by the Secretary:

Operator:state

Client: senate

Plan: ams33s37

District No. 33 COBB Tract: 0303.21 Block: 302A, 402A, 403A, 404A, 406A, 407, 408A, 409, 410, 411 Tract: 0304.04 Tract: 0304.06 Block Group: 1 Block Group: 3 Block: 401A, 401B, 401C, 401E, 402A, 402B, 501A, 501B, 501C Tract: 0305.01 Block: 901A, 901B, 902A, 902B, 902C, 903A, 903B, 904, 905A, 905B, 905C,
905D, 908A, 908B, 909 Tract: 0305.02 Block Group: 6 Tract: 0305.03 Block Group: 1 Block: 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216 Block Group: 6 Tract: 0306. Block: 101A, 101B, 102A, 102B, 103A, 103B, 106A, 106C, 107, 108A, 108B,
109A, 109B, 109C, 110A, 110B, 110C, 111, 112, 113A, 113B, 114, 115A, 115B, 115C, 116, 117, 118A, 118B, 118C, 119A, 119B, 119C, 120A, 120B, 121, 122A, 122B, 123, 124A, 124B, 125A, 125B, 126,

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127A, 127B, 128A, 128B, 132A, 132B, 132C Block Group: 2 Block: 302, 303, 304, 305, 307, 308A, 308B, 309, 311, 313, 314,
315, 316, 317, 318, 319, 320, 321, 322, 323, 325A, 325B, 326, 401, 402, 403, 404, 406, 407, 408, 409, 410 Tract: 0307. Tract: 0308. Tract: 0309.02 Block Group: 1 Block Group: 2 Block Group: 3 Block: 401, 402A, 402B, 402C, 402D, 403, 404, 405, 406, 407 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0309.03 Block Group: 1 Block Group: 2 Block Group: 7 Block Group: 8 Tract: 0310.01 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 212, 213, 214, 216A, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 229, 230, 231 Block Group: 9 Tract: 0310.02 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 119, 120B, 120C, 122, 123, 124, 201, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 210C, 213C, 213D, 214, 215, 216, 217, 218, 219, 220, 221, 222, 224A Tract: 0310.03 Block: 102, 103, 104, 105, 107, 108, 109, 110B, 111, 112B, 113B Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0311.01 Block: 202, 204, 205, 206, 207, 208, 209 Tract: 0311.03 Block: 112, 113, 114, 115, 121, 128 Tract: 0311.08 Block Group: 1 Block Group: 2 Block: 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313A, 313 B, 313C, 314A, 314B, 315, 316, 317, 318, 320A, 320B, 321A, 321B, 322 Block Group: 4 Tract: 0311.09 Block: 101A, 101B, 101C, 103, 104A, 104B, 104C, 105A, 105B, 106, 107, 108, 110, 111, 112, 115A, 115B, 116, 117A, 117B, 118 Block Group: 5

Wednesday, March 8, 2000
Tract: 0312.03 Block: 101A, 107A, 108 Tract: 0313.01 Block: 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111,
112, 113, 114, 115, 116, 117, 118, 119, 201, 202, 203, 204, 205, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231 Block Group: 3 Tract: 0313.02 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 9 Tract: 0313.04 Tract: 0313.05 Tract: 0314.03 Block: 106, 107, 108, 109, 110, 111, 112, 113, 114 Block Group: 5 Block Group: 6 Tract: 0314.04 Tract: 0314.98 Block Group: 1 Block: 201, 202, 204A, 204B, 205, 206, 207, 208A, 208B, 209, 213, 247, 250A, 250B, 250C Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0315.01 Block: 303C, 303D, 303E, 304, 305, 306, 307, 308, 309A, 309B, 309C, 312A, 312B, 313, 314, 315A, 315B, 316, 317, 318, 319 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0315.02 Block Group: 1 Block Group: 2 Block: 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 402A, 402B, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 415C, 415D, 416, 417, 418, 419, 501, 502, 503, 505B, 505C, 507, 508, 509, 510, 511, 512, 513, 514, 521, 522, 523A, 523B, 524, 527, 528, 529 Block Group: 6 Block: 702A, 702B, 702C, 703A, 703B, 703C, 703D, 703E, 706, 708 Block Group: 8 Block: 906A, 907A, 908A, 909, 910A Tract: 0316.97
District No. 37 CHEROKEE Tract: 0907. Block: 511 Tract: 0909.03 Tract: 0910.01

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Block: 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, 110B, 110C, 111A, 111B, 112, 113, 114
Block Group: 2 Block Group: 3 Tract: 0910.02 Tract: 0910.03 Tract: 0911.01 Tract: 0911.03 Tract: 0911.98 Tract: 0912.98
COBB Tract: 0301.98 Tract: 0302.03 Tract: 0302.04 Tract: 0302.05 Block Group: 6 Block: 702, 703, 704, 705 Block Group: 8 Block Group: 9 Tract: 0302.06 Tract: 0302.07 Tract: 0306. Block: 104A, 104B, 105, 106B, 308C, 312, 405A, 405B, 405C, 411, 412,
413, 414, 415, 416, 417A, 417B, 418, 419A, 419B, 420A, 420B, 421A, 421B, 422A, 422B, 423A, 423B, 424A, 424B, 424C, 424D, 424E, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425A, 425B, 425C, 426 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 9 Tract: 0309.01 Tract: 0309.02 Block: 408, 409, 410, 411 Tract: 0309.03 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0310.02 Block: 210A, 210B, 211, 212, 213A, 213B, 223, 224B, 224C, 225A, 225B, 226, 227, 228 Tract: 0314.98 Block: 203, 210 Tract: 0315.01 Block Group: 1 Block Group: 2 Block: 301, 302, 303A, 303B, 310A, 310B, 311A, 311B Tract: 0315.02 Block Group: 3 Block: 403B, 504, 505A, 506, 515, 516A, 516B, 516C, 517, 518, 519A, 519B, 519C, 519D, 519E, 519F, 520, 525A, 525B, 526A, 526B, 526C, 526D, 530, 701A, 701B, 704, 705A, 705B, 705C, 705D, 707A, 707B, Block: 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C, 910B Tract: 0316.98

Wednesday, March 8, 2000

1169

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 Y Brown 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

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 466. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:

A bill to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to change the penalty provisions applicable to the offense of furnishing a pistol or revolver to a person under the age of 18 years; to change the penalty provisions applicable to the offense of unlawful possession of firearms or weapons; to change the penalty provisions applicable to second or subsequent offenses of carrying a concealed weapon; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 466:

A BILL
To be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to change the penalty provisions applicable to the offense of furnishing a pistol or revolver to a person under the age of 18 years; to change the penalty provisions applicable to the offense of unlawful possession of firearms or weapons; to change the penalty provisions applicable to second or subsequent offenses of carrying a concealed weapon; to provide that upon conviction of the offense of carrying a weapon within a school safety zone when the offense involves a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of $10,000.00 and by imprisonment for a period of not less than five nor more than ten years; to change the penalty provisions applicable to the offense of possession of a firearm by a convicted felon or first offender probationer if the felony conviction or probation was for a forcible felony; to change the penalty provisions applicable to the offense of possession of a pistol or revolver by a person under the age of 18 years; to provide that any person who is prohibited from possessing a firearm because of a felony conviction or

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because of being on probation as a first offender pursuant to Code Section 16-11-131 and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony; to provide a penalty; to provide that any person charged with such a violation of attempting to purchase or obtain a firearm in violation of this Act shall have 30 days in which to apply for a pardon which would authorize the person to receive, possess, or transport a firearm; to provide for procedures; to provide for applicability of the filing of such an application; to provide for the effect of the granting of such an application for pardon; 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 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by striking in its entirety Code Section 16-11-101.1, relating to the offense of furnishing a pistol or revolver to a person under the age of 18 years, and inserting in lieu thereof a new Code Section 16-11-101.1 to read as follows:
"16-11-101.1.
(a) For the purposes of this Code section, the term:
(1) 'Minor' means any person under the age of 18 years.
(2) 'Pistol or revolver' means a pistol or revolver as defined in subsection (a) of Code Section 16-11-132.
(b) It shall be unlawful for a person intentionally, knowingly, or recklessly to sell or furnish a pistol or revolver to a minor, except that it shall be lawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor for the purposes specified in subsection (c) of Code Section 16-11-132 unless otherwise expressly limited by subsection (c) of this Code section.
(c)(1) It shall be unlawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor if the parent or legal guardian knows of a minor's conduct which violates the provisions of Code Section 16-11-132 and fails to make reasonable efforts to prevent any such violation of Code Section 16-11-132.
(2) Notwithstanding any provisions of subsection (c) of Code Section 16-11-132 or any other law to the contrary, it shall be unlawful for any parent or legal guardian intentionally, knowingly, or recklessly to furnish to or permit a minor to possess a pistol or revolver if such parent or legal guardian is aware of a substantial risk that such minor will use a pistol or revolver to commit a felony offense or if such parent or legal guardian who is aware of such substantial risk fails to make reasonable efforts to prevent commission of the offense by the minor.
(3) In addition to any other act which violates this subsection, a parent or legal guardian shall be deemed to have violated this subsection if such parent or legal guardian furnishes to or permits possession of a pistol or revolver by any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such minor were an adult.
(d) Upon conviction of a violation of subsection (b) or (c) of this Code section, a person shall be guilty of a felony and punished by a fine not to exceed $5,000.00 or by imprisonment for not less than two three nor more than five years, or both."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 16-11-123, relating to the offense of unlawful possession of firearms or weapons, and inserting in lieu thereof a new Code Section 16-11-123 to read as follows:

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"16-11-123.
A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for not less than one nor more than a period of five years."
SECTION 3.
Said article is further amended by striking in its entirety Code Section 16-11-126, relating to the offense of carrying a concealed weapon, and inserting in lieu thereof a new Code Section 16-11-126 to read as follows:
"16-11-126.
(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.
(b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:
(1) For the first offense, he or she shall be guilty of a misdemeanor; and
(2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year two years and not more than five years.
(c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section.
(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle.
(e) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder shall carry the handgun in compliance with the laws of this state."
SECTION 4.
Said article is further amended by striking in its entirety Code Section 16-11-127.1, relating to the offense of carrying a weapon within a school safety zone, and inserting in lieu thereof a new Code Section 16-11-127.1 to read as follows:
"16-11-127.1.
(a) As used in this Code section, the term:

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(1) 'School safety zone' means in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education.
(2) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, metal knucks, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher.
(b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both; provided, however, that upon conviction of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. A juvenile who violates this subsection shall be subject to the provisions of Code Section 15-11-37.
(c) The provisions of this Code section shall not apply to:
(1) Baseball bats, hockey sticks, or other sports equipment possessed by competitors for legitimate athletic purposes;
(2) Participants in organized sport shooting events or firearm training courses;
(3) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense;
(4) Persons participating in law enforcement training conducted by a police academy certified by the Peace Officer Standards and Training Council or by a law enforcement agency of the state or the United States or any political subdivision thereof;
(5) The following persons, when acting in the performance of their official duties or when en route to or from their official duties:
(A) A peace officer as defined by Code Section 35-8-2;
(B) A law enforcement officer of the United States government;
(C) A prosecuting attorney of this state or of the United States;
(D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm;
(E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and

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(F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof;
(6) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;
(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or any weapon legally kept within a vehicle in transit through a designated school zone by any person other than a student;
(8) A weapon which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;
(9) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;
(10) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;
(11) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;
(12) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of the Division of Probation;
(13) Public safety directors of municipal corporations;
(14) State and federal trial and appellate judges;
(15) United States attorneys and assistant United States attorneys;
(16) Clerks of the superior courts; or
(17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle.
(d)(1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone; provided, however, it shall be unlawful for any such person to carry, possess, or have under such person's control while at a school building or school function or on school property, a school bus, or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25.
(2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b) of this Code section.

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(3) This subsection shall not be construed to waive or alter any legal requirement for possession of weapons or firearms otherwise required by law.
(e) It shall be no defense to a prosecution for a violation of this Code section that:
(1) School was or was not in session at the time of the offense;
(2) The real property was being used for other purposes besides school purposes at the time of the offense; or
(3) The offense took place on a school vehicle.
(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or within 1,000 feet of any campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county.
(g) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as 'Weapon-free and Violence-free School Safety Zones.'"
SECTION 5.
Said article is further amended by striking in its entirety Code Section 16-11-131, relating to the offense of possession of a firearm by a convicted felon or first offender probationer, and inserting in lieu thereof a new Code Section 16-11-131 to read as follows:
"16-11-131.
(a) As used in this Code section, the term:
(1) 'Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.
(2) 'Firearm' includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.
(b) Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, that if the felony as to which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years.

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(b.1) Any person who is prohibited from possessing a firearm because of a felony conviction or because of being on probation as a felony first offender pursuant to this Code section and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
(c) This Code section shall not apply to any person who has been pardoned for the felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitutions or laws of the several states or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm.
(d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said proof, submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection.
(e) Any person who is charged with a violation of this Code section shall have 30 days from arraignment therefor in which to apply for a pardon or pardons meeting the requirements of subsection (c) of this Code section. All proceedings subsequent to such arraignment shall be stayed during the pendency of such pardon application, and the period of such stay shall not be considered to have elapsed for purposes of demanding a speedy trial pursuant to Code Section 17-7-170. Such application shall request the party authorized to grant such pardon or pardons to notify the arraigning court of the disposition of the application; and the person charged with a violation of this Code section and such person's attorney, if any, shall also be required to notify the arraigning court of such disposition. If such pardon or pardons are granted, any charge of violation of this Code section based upon the felony so pardoned shall be dismissed. The terms of this subsection shall not act to stay prosecution for any violation of any other criminal law of this state.
(e)(f) Any person placed on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and subsequently discharged without court adjudication of guilt pursuant to Code Section 42-8-62 shall, upon such discharge, be relieved from the disabilities imposed by this Code section."
SECTION 6.
Said article is further amended by striking in its entirety Code Section 16-11-132, relating to the offense of possession of a pistol or revolver by a person under the age of 18 years, and inserting in lieu thereof a new Code Section 16-11-132 to read as follows:
"16-11-132.
(a)(1) For the purposes of this Code section, the term 'pistol' or 'revolver' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term pistol or revolver shall not include a gun which discharges shot of .46 centimeters or less in diameter.

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(2) For the purposes of this Code section, a pistol or revolver is considered loaded if:
(A) There is a cartridge in the chamber or cylinder of the pistol or revolver;
(B) The person is carrying on his or her body or attached to his or her clothing the pistol or revolver and the ammunition for such pistol or revolver; or
(C) The pistol or revolver and the ammunition for such pistol or revolver are in such close proximity to such person that such person could readily gain access to the pistol or revolver and the ammunition and load the pistol or revolver.
(b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine not to exceed of $5,000.00 or by imprisonment for not less than one nor more than a period of three years, or both.
(c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to:
(1) Any person under the age of 18 years who is:
(A) Attending a hunter education course or a firearms safety course;
(B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located;
(C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. Section 501(c)(3) which uses firearms as a part of such performance;
(D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver, whenever loaded, is carried only in an open and fully exposed manner; or
(E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the pistol or revolver in such person's possession is not loaded;
(2) Any person under the age of 18 years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a pistol or revolver; or
(3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23.
(d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult."

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SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.

Senators Scott of the 36th, Egan of the 40th, Brown of the 26th and others offered the following amendment:

Amend the committee substitute to SB 466 (LC 22 4039S) by adding after the semicolon on line 5 of page 1 the following:

"to provide a criminal offense of negligently allowing a minor to obtain possession of a pistol or revolver;".

By adding between lines 21 and 22 of page 2 the following:

"(b.1) It shall be unlawful for any person, including a parent or guardian, through criminal negligence to allow a minor to obtain possession of a pistol or revolver by leaving the pistol or revolver in a place where a reasonable person would know or should know that a minor is likely to obtain access without permission to the pistol or revolver. For purposes of this subsection, criminal negligence shall consist of reckless or wanton disregard for the safety of others."

By striking the quotation mark on line 13 of page 3 and adding immediately thereafter the following:

"(e) Upon conviction of a violation of subsection (b.1) of this Code section, a person shall be guilty of a misdemeanor of a high and aggravated nature. The punishment for a first such offense shall include, but not necessarily be limited to, a fine of at least $1,000.00. The punishment for a second or subsequent such offense shall include, but not necessarily be limited to, imprisonment for at least 60 days.'"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Balfour N Blitch N Bowen
Broun Y Brown N Brush N Burton
Butler N Cable N Cagle N Cheeks Y Crotts N Dean Y Egan Y Fort N Gillis
Gingrey N Golden N Guhl

Hamrick Harbison N Hecht N Hill N Hooks N Huggins N Jackson Y James N Johnson,E N Kemp N Ladd N Lamutt Y Land N Lee N M V Bremen N Madden N Marable Y Perdue Y Polak

N Price,R Y Price,T N Ragan N Ray Y Scott N Smith N Starr Y Stephens Y Stokes N Streat N Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R N Thompson N Walker N Williams

On the adoption of the amendment, the yeas were 16 , nays 35, and the Scott, et al. amendment was lost. On the adoption of the substitute, the yeas were 51, nays 1, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Balfour N Blitch Y Bowen Y Broun
Brown N Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Gillis of the 20th introduced Chuck Leavall, National Tree Farmer of the Year.

At 12:10 the President announced that the Senate would stand in recess until 1:30 p.m.

At 1:30 p.m. the President called the Senate to order. The following communications were read by the Secretary:

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505

March 8, 2000

The Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Secretary Eldridge:

I am transmitting herewith the name of the Senator elected in the March 7, 2000 Special Election Runoff for the office of State Senate in the General Assembly of Georgia from District 30, as the same appear from the consolidated returns which are of file and record in this office.

With Kindest regards and best wishes, I am

Most Sincerely,

Wednesday, March 8, 2000
/s/ Cathy Cox Secretary of State

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State of Georgia (SEAL)
Office of Secretary of State
I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election held on the 15th day of February, 2000, in District 30 of the State Senate, in Carroll County and a portion of Douglas County, to fill the vacancy existing due to the death of the Honorable Sam Roberts.
Inasmuch as no candidate received a majority of the votes cast, a Special Election Runoff was held on March 7, 2000 and the results of the consolidated returns on file in this office are also attached.
Having received a majority of the votes cast, Bill Hamrick was duly elected to this office.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 8th day of March, in the year of our Lord Two Thousand and of the Independence of the United States of America the Two Hundred and Twenty-fourth.
/s/ Cathy Cox Secretary of State

Candidate Mark Bierley Dennis T. Blackmon Larry Boggs Ronald K. (Ron) Camp Michael "Mike" Drass Dick Folk Bill Hamrick Debra E. Harrington John Paulk Bill Rivera Sherry Tomlinson Silvers Mark Stevens

STATE SENATE - DISTRICT 30 SPECIAL ELECTION
FEBRUARY 15, 2000

Carroll 230 1009 719 160 15 500 1472 49 691 13 147 742

Douglas 64 94 703 323 80 121 301 195 97 60 283 308

Total 294 1103 1422 483
95 621 1773 244 788
73 430 1050

STATE SENATE - DISTRICT 30 SPECIAL ELECTION RUNOFF
MARCH 7, 2000

Candidate Larry Boggs Bill Hamrick

Carroll 3659 6470

Douglas 3001 4832

Total 6660 11302

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Judge Aubrey Duffey, Superior Court Judge of the Coweta County Judicial Circuit, administered the oath of office to Senator-elect, Bill Hamrick.

The following communication was received by the Secretary:

State of Georgia Coweta County Judicial Circuit
Superior Court Carrollton, Georgia

March 8, 2000

Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

I, Aubrey Duffey, do hereby certify by my signature below that I have this date, Wednesday, March 8, 2000, at 1:45 p.m. in the Senate Chamber, State Capitol, Fulton County, Atlanta, Georgia, administered the following Oath of Office to the Honorable William Hamrick:

"I do hereby solemnly swear or affirm that I will support the Constitution of this state and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgement, be more conducive to the interests and prosperity of this State.

I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign State, nor of any political subdivision or authority thereof, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.

So help me God."

/s/ Aubrey Duffey

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1586.

By Representatives Powell of the 23rd and Walker of the 141st:

A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to change certain provisions relating to insurable interests with reference to personal insurance.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 1231.

By Representative Ray of the 128th:

A resolution designating the James E. Williams Bridge.

HR 1149.

By Representatives Benefield of the 96th, Royal of the 164th, Channell of the 111th and others: A resolution recognizing and expressing appreciation to Steven L. Parks.

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HR 1150.

By Representatives Byrd of the 170th, Birdsong of the 123rd, Benefield of the 96th and others: A resolution designating the Fred Moody Highway.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 1207.

By Representatives Massey of the 86th, Coan of the 82nd, Williams of the 83rd and others:

A resolution designating the J. W. Orr Memorial Highway.

HR 1208.

By Representatives Murphy of the 18th, Cummings of the 27th, Connell of the 115th and others:
A resolution creating the Committee for the Celebration of 250 Years of Representative Government in Georgia.

HR 1211.

By Representatives Smyre of the 136th, Smith of the 175th, Turnquest of the 73rd and others:
A resolution designating a portion of State Route 22 Spur in Columbus as the Primus King Highway.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 850.

By Representative Bordeaux of the 151st:

A resolution creating the Joint House and Senate Long-Term Care Industry Study Committee.

HR 1051.

By Representatives Mobley of the 69th, McClinton of the 68th, Reed of the 52nd and others: A resolution creating the Joint Study Committee on Urban Road Building Guidelines.

HR 1079.

By Representatives Stanley of the 50th, Stanley of the 49th, Jamieson of the 22nd and others: A resolution creating the Commission on Psychiatric Medication of School-Age Children.

HR 1188.

By Representatives Houston of the 166th, Walker of the 141st, Coleman of the 142nd and others: A resolution honoring the life of Billy Browning and designating the Billy Browning Highway.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1562.

By Representatives Unterman of the 84th, Hanner of the 159th and Rogers of the 20th: A bill to create the Lake Sidney Lanier Watershed Governance Council.

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The House has passed by the requisite constitutional majority the following bill of the House:

HB 1296.

By Representatives Jamieson of the 22nd, Royal of the 164th and Skipper of the 137th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for additional grounds for removal of members of county boards of tax assessors; to provide for performance review of such boards; to provide for selection, qualification, powers, and duties of members of performance review boards.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 1151.

By Representatives Byrd of the 170th, Birdsong of the 123rd, Benefield of the 96th and others: A resolution designating the Paul Byrd Highway.

HR 1011.

By Representative Parham of the 122nd: A resolution creating the Joint Study Committee on Historic Local Government Records.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1189.

By Representatives McBee of the 88th, Hudgens of the 24th, Pinholster of the 15th and others:

A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to enact the "Georgia Qualified State Tuition Program".

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1189. By Representatives McBee of the 88th, Hudgens of the 24th, Pinholster of the 15th and others:

A bill to be entitled an Act to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to enact the "Georgia Qualified State Tuition Program"; to provide for comprehensive provisions establishing a method of saving money for the payment of qualified higher education expenses; to provide for a short title; to provide for definitions; to provide for purposes of such program; to provide for the powers, duties, and authority of the Georgia Student Finance Commission; to provide that certain limited contributions and qualified withdrawals used solely for qualified higher education expenses shall not be subject to state income tax; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

HB 1296. By Representatives Jamieson of the 22nd, Royal of the 164th and Skipper of the 137th:

A bill to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for additional grounds for removal of members of county boards of tax assessors; to provide for performance review of such boards; to provide for selection, qualification, powers, and duties of members of performance review boards; to provide for powers, duties, and authority of the state revenue commissioner; to authorize

Wednesday, March 8, 2000

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county governing authorities to provide that staff and employees of county boards of tax assessors shall be positions of employment covered by the county civil service system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1562. By Representatives Unterman of the 84th, Hanner of the 159th and Rogers of the 20th:
A bill to be entitled an Act to create the Lake Sidney Lanier Watershed Governance Council; to provide a statement of legislative intent; to provide a statement of purpose; to define certain terms; to provide for powers of the council; to provide for membership and the appointment of members; to provide for officers; to provide for the duties of officers; to provide for meetings; to provide for a budget; to provide for oversight; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1586. By Representatives Powell of the 23rd and Walker of the 141st:
A bill to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to change certain provisions relating to insurable interests with reference to personal insurance; to change certain provisions relating to assignment of policies; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
HR 850. By Representative Bordeaux of the 151st:
A resolution creating the Joint House and Senate Long-Term Care Industry Study Committee; and for other purposes.
Referred to the Committee on Rules.
HR 1051. By Representatives Mobley of the 69th, McClinton of the 68th, Reed of the 52nd and others:
A resolution creating the Joint Study Committee on Urban Road Building Guidelines; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HR 1079. By Representatives Stanley of the 50th, Stanley of the 49th, Jamieson of the 22nd and others:
A resolution creating the Commission on Psychiatric Medication of School-Age Children; and for other purposes.
Referred to the Committee on Health and Human Services.
HR 1011. By Representative Parham of the 122nd:
A resolution creating the Joint Study Committee on Historic Local Government Records; and for other purposes.
Referred to the Committee on Economic Development, Tourism and Cultural Affairs.
HR 1149. By Representatives Benefield of the 96th, Royal of the 164th, Channell of the 111th and others:
A resolution recognizing and expressing appreciation to Steven L. Parks; and for other purposes.

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Referred to the Committee on Transportation. HR 1150. By Representatives Byrd of the 170th, Birdsong of the 123rd, Benefield of the 96th and others:
A resolution designating the Fred Moody Highway; and for other purposes. Referred to the Committee on Transportation. HR 1151. By Representatives Byrd of the 170th, Birdsong of the 123rd, Benefield of the 96th and others: A resolution designating the Paul Byrd Highway; and for other purposes. Referred to the Committee on Transportation. HR 1188. By Representatives Houston of the 166th, Walker of the 141st, Coleman of the 142nd and Shaw of the 176th: A resolution honoring the life of Billy Browning and designating the Billy Browning Highway; and for other purposes. Referred to the Committee on Transportation. HR 1207. By Representatives Massey of the 86th, Coan of the 82nd, Williams of the 83rd and Benefield of the 96th: A resolution designating the J. W. Orr Memorial Highway; and for other purposes. Referred to the Committee on Transportation. HR 1208. By Representatives Murphy of the 18th, Cummings of the 27th, Connell of the 115th and others: A resolution creating the Committee for the Celebration of 250 Years of Representative Government in Georgia; and for other purposes. Referred to the Committee on Rules. HR 1211. By Representatives Smyre of the 136th, Smith of the 175th, Turnquest of the 73rd and others: A resolution designating a portion of State Route 22 Spur in Columbus as the Primus King Highway; and for other purposes. Referred to the Committee on Transportation. HR 1231. By Representative Ray of the 128th: A resolution designating the James E. Williams Bridge; and for other purposes. Referred to the Committee on Transportation. The Calendar was resumed. SB 459. By Senators Starr of the 44th, Walker of the 22nd, Johnson of the 1st and Thompson of the 33rd: A bill to be entitled an Act to amend Code Section 21-5-71 of the Official Code of Georgia Annotated, relating to registration of and reporting by lobbyists, so as to provide for fees to be charged and

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collected for registration of lobbyists; to eliminate fees for lobbyist identification cards; to provide for late fees for filing of untimely reports; to authorize changes in such fees under certain circumstances by rule or regulation of the State Ethics Commission; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
The Senate Ethics Committee offered the following substitute to SB 459:
A BILL
To be entitled an Act to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to regulation of lobbyists and lobbying, so as to change provisions relating to required registrations and supplemental registrations; to provide for fees to be charged and collected for registration of lobbyists; to provide for late fees for untimely filings; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to regulation of lobbyists and lobbying, is amended by striking subsections (b) and (c) of Code Section 21-5-71, relating to registration of lobbyists, and inserting in their place new subsections to read as follows:
"(b) Each lobbyist shall file an application for registration with the commission. The initial application shall be for the lobbyist's representation of a single entity. For each additional entity represented by the lobbyist, he or she shall file a supplemental registration as provided in subsection (c) of this Code section. The application shall be verified by the applicant and shall contain:
(1) The applicant's name, address, and telephone number;
(2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf;
(3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents;
(4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; and
(5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf.
(c) The lobbyist shall file a supplemental registration for each additional entity represented and shall also, within seven days of any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), and (4) of subsection (b) of this Code section."
SECTION 2.
Said article is further amended by striking subsection (f) of said Code Section 21-5-71 and inserting new subsections (e.1) and (f) to read as follows:
"(f)(e.1)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency,

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department, commission, or authority shall be exempted from payment of such registration fees. and a person employed by an organization exempt from federal income taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, shall be exempted from payment of such registration fees except for payment of an initial registration fee of $25.00.
(2) The commission shall collect the following fees:

(A) Annual Initial lobbyist registration filed pursuant to this Code section for representation of a single entity...........................................................................$ 200.00 $ 45.00

(B) Lobbyist supplemental registration filed pursuant to this Code section for each additional entity or for a change or addition to a prior registration..................................................................... 10.00

45.00

(C)-Each lobbyist identification card issued pursuant to this Code section........................................................................................................ 5.00

(D)(C) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed.

(f) Reserved."

SECTION 3.

This Act shall become effective on July 1, 2000, and shall apply to registrations filed on or after that effective date.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

Senator Land of the 16th offered the following amendment:

Amend the substitute to SB 459 (LC 14 7477S) by striking line 1 of page 1 and inserting in lieu thereof the following:

"To amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to prohibit members of the General Assembly and public officers elected state wide from accepting any gratuitous transfer from a registered lobbyist or a person, organization, or entity represented by a registered lobbyist during a legislative session; to provide a definition; to amend Article 4 of Chapter 5 of Title 21 of the Official".

By inserting between lines 10 and 11 of page 1 the following:

"SECTION 1.

Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, is amended by inserting a new Code section to be designated Code Section 21-5-35.1 to read as follows:

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1187

'21-5-35.1.

(a) In this Code section, "gift" means any gratuitous transfer to a public officer including but not limited to meals, food, and drink.

(b) During a legislative session, no member of the General Assembly or public officer elected state wide shall accept any gift from any person registered as a lobbyist under the provisions of Article 4 of this chapter or from a person, organization, or entity represented by a person registered as a lobbyist under the provisions of Article 4 of this chapter.'"

By renumbering the remaining sections.

By striking line 18 of page 3 and inserting in lieu thereof the following:

"This Act shall become effective on July 1, 2000, and Sections 2 and 3 of this Act shall".

Senator Land of the 16th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 42, 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
Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks
Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate
Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution was read and put upon its adoption:

SR 680. By Senators Starr of the 44th, Walker of the 22nd and Hooks of the 14th: A RESOLUTION

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Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 6:00 P.M. on Thursday, March 9, 2000, and shall reconvene on Monday, March 13, 2000, and that as authorized by Code Section 28-1-2, the hour for convening the Senate on such Monday may be as ordered by the Senate; and the hour for convening the House on such Monday may be as ordered by the House.

BE IT FURTHER RESOLVED that for the remainder of the 2000 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and reconvene on the following Monday, and that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate and the hour for convening the House on each such Monday may be as ordered by the House.

On the adoption of the resolution, the yeas were 40, nays 0, and the resolution was adopted.

The Calendar was resumed.

SB 461. By Senators Tanksley of the 32nd, Hecht of the 34th and Crotts of the 17th:

A bill to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to prohibit the sale or distribution of any tobacco product through a vending machine; to provide for legislative findings and purposes; to provide for definitions; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; to provide for a compensation account; to provide for compensation payments and destruction expense payments to eligible vending machine applicants; to provide for settlement, waiver, and dismissal of certain claims; to provide for criminal penalties; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

The Senate Veterans and Consumer Affairs Committee offered the following amendment:

Amend SB 461 by striking "becomes effective" and inserting in its place "is enacted" on line 24 of page 3 and on lines 3, 9, 22, and 30 of page 6.

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun N Brown Y Brush Y Burton Y Butler N Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan Y Fort Y Gillis

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D N Thomas,N Y Thomas,R Y Thompson

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Y Gingrey Y Golden N Guhl

N Marable Y Perdue Y Polak

Walker Y Williams

On the passage of the bill, the yeas were 49, nays 6.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 416. By Senator Cheeks of the 23rd:

A bill to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the exclusive jurisdiction of the superior court regarding children; to provide for a penalty not to exceed 20 years for specified crimes of children who are under the age of 13; to provide transfer to the Department of Corrections when such a child reaches the age of 17 years; to repeal conflicting laws; and for other purposes.

The Senate Corrections, Correctional Institutions and Property Committee offered the following amendment:

Amend SB 416 by inserting on line 1 of page 1, immediately after the word "To" the following: "provide a short title; to".
By inserting between lines 9 and 10 of page 1 the following:

"SECTION 1.

This Act shall be known as the 'Linda Gail Hendrick Act.'" By redesignating Sections 1, 2, and 3 as Sections 2, 3, and 4, 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 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
Y Bowen Y Broun
Brown 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 Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

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On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 370. By Senator Thompson of the 33rd:

A bill to be entitled an Act to amend Chapter 35 of Title 36 of the Official Code of Georgia Annotated, relating to home rule powers of municipalities, so as to change the effective date of municipal reapportionments; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen
Broun Y Brown 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 Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue
Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Tate Y Thomas,D Y Thomas,N Thomas,R 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.

SB 60.

By Senator Thompson of the 33rd:

A bill to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to provide for training courses regarding food safety for personnel of such establishments; to provide for course standards and contracts.

Senator Balfour of the 9th asked unanimous consent that he be excused from voting on SB 60 pursuant to Senate Rule 175. The consent was granted, and Senator Balfour was excused.

The Senate Veterans and Consumer Affairs Committee offered the following substitute to SB 60:

A BILL

To be entitled an Act to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to require such establishments to have food protection managers who meet certain certification requirements; to provide for certification programs and examinations; to provide for

Wednesday, March 8, 2000

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certificate display and renewal; to preempt certain county and municipal requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, is amended by adding after Code Section 26-2-373.1 a new Code section to read as follows:
"26-2-373.2.
(a) As used in this Code section, the term:
(1) 'Certificate' means a food safety certificate required under subsection (b) of this Code section.
(2) 'C.F.P.P.' means the Certified Food Protection Professionals.
(3) 'Department' means the Department of Human Resources.
(4) 'Program' means a program approved by the department as meeting the requirements of paragraph (1) of subsection (c) of this Code section.
(b) On and after January 1, 2002, every food service establishment required to have a permit under this article shall have a food protection manager who holds a valid food safety certificate on behalf of that establishment. That manager may be the operator or designated employee of such establishment but does not have to be present at such establishment during all hours of operation.
(c) A certificate shall be issued to any individual who files with the department an application in such form and manner as prescribed by the department and who furnishes satisfactory evidence of meeting the following requirements:
(1) Having successfully completed a program approved by the department which program contains information regarding the nature, prevention, and control of food borne illness transmission and methods for identifying and monitoring critical control points for safeguarding the production, processing, preparation, and serving of food and which program is recognized by the C.F.P.P.; or
(2) Having passed a written examination, as established by any such program provider and approved by the C.F.P.P., evidencing sufficient knowledge of the contents of the program.
(d) A food service establishment which first commences operation on or after January 1, 2002, or which ceases to employ a food protection manager on or after January 1, 2002, shall, within 60 days after first commencing operations or ceasing to employ such manager:
(1) Designate an existing employee who is enrolled in a program; or
(2) Hire a new employee who is enrolled in or has successfully completed the program.
(e) Each food service establishment shall display, alongside the permit required under this article, a current certificate. A certificate holder shall be required to renew that certificate every five years.
(f) No county or municipality shall require a food service establishment or any of its operators or employees to be trained in food safety if that establishment meets the requirements of this Code section."
SECTION 2.

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All laws and parts of laws in conflict with this Act are repealed.

Senator Cagle of the 49th offered the following amendment:

Amend the committee substitute to SB 60 by adding on page 1, line 28 after word establishment - with annual revenues in excess of $1 million.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

E Balfour Y Blitch N Bowen N Broun N Brown N Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts N Dean Y Egan N Fort N Gillis
Gingrey N Golden Y Guhl

N Hamrick N Harbison N Hecht N Hill N Hooks N Huggins Y Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N M V Bremen Y Madden
Marable Y Perdue
Polak

Y Price,R Y Price,T N Ragan Y Ray N Scott N Smith N Starr Y Stephens N Stokes
Streat N Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 21, nays 30, and the Cagle amendment to the committee substitute was lost.
Senators Price of the 56th and Thompson of the 33rd offered the following amendment:

Amend the committee substitute to SB 60 by adding on line 34, page 2 following the word "meets" the following: "or exceeds"

On the adoption of the amendment, the yeas were 44, nays 0, and the Price of the 56th, Thompson amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 40, nays 2, 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:

E Balfour N Blitch Y Bowen
Broun Y Brown Y Brush Y Burton Y Butler Y Cable

N Hamrick Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E

N Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes

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N Cagle N Cheeks N Crotts N Dean N Egan Y Fort N Gillis N Gingrey Y Golden N Guhl

Y Kemp N Ladd N Lamutt N Land Y Lee Y M V Bremen
Madden N Marable N Perdue Y Polak

Streat Y Tanksley Y Tate Y Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 29, nays 22.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Mr. Secretary,

Please record my vote on SB 60 as a "YEA" vote.
/s/ Jack Hill March 8, 2000
The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1376.

By Representatives West of the 101st and Stallings of the 100th:

A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, so as to provide that the rules and regulations of the Environmental Protection Division applicable to accreditation of commercial analytical laboratories submitting regulatory data shall become effective on or after July 1, 2001.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 1050.

By Representative Shaw of the 176th:

A resolution compensating Mr. Anthony S. McCoppin, Jr..

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1419.

By Representatives Stanley of the 50th, Shanahan of the 10th, Allen of the 117th and others:
A bill to amend Code Section 8-3-30 of the Official Code of Georgia Annotated, relating to general powers of housing authorities, so as to authorize housing authorities to create for profit subsidiary corporations to participate in certain financing.

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The House has passed by the requisite constitutional majority the following bills of the House:

HB 719.

By Representative Ashe of the 46th:
A bill to amend Code Section 4-8-22 of the Official Code of Georgia Annotated, relating to the powers of local governments to enforce certain requirements relating to the control of dangerous dogs, so as to delete a restriction against a member of an animal control board participating in a hearing regarding a dog where the member had previously participated in the classification of that dog as a potentially dangerous dog or dangerous dog.

HB 1257.

By Representatives Borders of the 177th, Shaw of the 176th and Stallings of the 100th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to change definitions.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 874.

By Representative Lane of the 146th: A resolution compensating Ms. Shirley Free.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 153.

By Representatives Porter of the 143rd and Campbell of the 42nd:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts and violations of ordinances of counties and state authorities, and Code section 16-7-21 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass, so as to authorize magistrate courts to impose 12 months' imprisonment for violations of county ordinances and ordinances of state authorities.

HB 859.

By Representatives Bannister of the 77th, Lewis of the 14th, Jamieson of the 22nd and others:
A bill to amend Code Section 47-6-42 of the Official Code of Georgia Annotated, relating to election as to coverage under the Georgia Legislative Retirement System and related matters, so as to provide that members of the General Assembly shall have a one-time opportunity to elect membership in such retirement system.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 517.

By Representative Twiggs of the 8th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor, so as to enact the Ski Area Safety Act; to provide a short title; to define certain terms; to create the Advisory Board on Ski Area Safety.

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1195

HB 1591.

By Representative Shanahan of the 10th:
A bill to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; to thereby change conditions eligibility for HOPE scholarships and grants.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 1264.

By Representatives Cummings of the 27th, Murphy of the 18th, Buck of the 135th and others: A resolution commending Mr. Gerald S. "Jerry" Gilbert.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1397.

By Representatives Reece of the 11th, Sholar of the 179th and Barnard of the 154th:
A bill to amend Article 2 of Chapter 13 of Title 17 of the Official Code of Georgia Annotated, relating to the "Uniform Criminal Extradition Act," so as to provide for an administrative change to allow the commissioner of the Department of Corrections or his or her designee to sign and present written application for a requisition for the return of a person who has been convicted of a crime in this state and who has escaped from confinement.

HB 1538.

By Representatives Trense of the 44th, Burkhalter of the 41st, Shaw of the 176th 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 require certain health care coverage for a child's craniofacial care.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 153. By Representatives Porter of the 143rd and Campbell of the 42nd:

A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts and violations of ordinances of counties and state authorities, and Code section 167-21 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass, so as to authorize magistrate courts to impose 12 months' imprisonment for violations of county ordinances and ordinances of state authorities; and for other purposes.

Referred to the Committee on Judiciary.

HB 517. By Representative Twiggs of the 8th:

A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor, so as to enact the Ski Area Safety Act; to provide a short title; to define certain terms; to create the Advisory Board on Ski Area Safety; and for other purposes.

Referred to the Committee on Insurance and Labor.

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HB 719. By Representative Ashe of the 46th:
A bill to amend Code Section 4-8-22 of the Official Code of Georgia Annotated, relating to the powers of local governments to enforce certain requirements relating to the control of dangerous dogs, so as to delete a restriction against a member of an animal control board participating in a hearing regarding a dog where the member had previously participated in the classification of that dog as a potentially dangerous dog or dangerous dog; and for other purposes.
Referred to the Committee on Judiciary.
HB 859. By Representatives Bannister of the 77th, Lewis of the 14th, Jamieson of the 22nd and others:
A bill to amend Code Section 47-6-42 of the Official Code of Georgia Annotated, relating to election as to coverage under the Georgia Legislative Retirement System and related matters, so as to provide that members of the General Assembly shall have a one-time opportunity to elect membership in such retirement system; and for other purposes.
Referred to the Committee on Retirement.
HB 1257. By Representatives Borders of the 177th, Shaw of the 176th and Stallings of the 100th:
A bill to be entitled an Act to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to change definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banking and Financial Institutions.
HB 1376. By Representatives West of the 101st and Stallings of the 100th:
A bill to be entitled an Act to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, so as to provide that the rules and regulations of the Environmental Protection Division applicable to accreditation of commercial analytical laboratories submitting regulatory data shall become effective on or after July 1, 2001; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1397. By Representatives Reece of the 11th, Sholar of the 179th and Barnard of the 154th:
A bill to be entitled an Act to amend Article 2 of Chapter 13 of Title 17 of the Official Code of Georgia Annotated, relating to the "Uniform Criminal Extradition Act," so as to provide for an administrative change to allow the commissioner of the Department of Corrections or his or her designee to sign and present written application for a requisition for the return of a person who has been convicted of a crime in this state and who has escaped from confinement; to add the commissioner of corrections or his or her designee to the list of persons who are able to process an extradition order; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1419. By Representatives Stanley of the 50th, Shanahan of the 10th, Allen of the 117th and others:
A bill to be entitled an Act to amend Code Section 8-3-30 of the Official Code of Georgia Annotated, relating to general powers of housing authorities, so as to authorize housing authorities to create for profit subsidiary corporations to participate in certain financing; to provide for conditions and limitations; to provide for authority of the Secretary of State in connection therewith; to change certain

Wednesday, March 8, 2000

1197

provisions regarding loans and compliance with certain usury statutes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1538. By Representatives Trense of the 44th, Burkhalter of the 41st, Shaw of the 176th and others:
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 insurance generally, so as to require certain health care coverage for a child's craniofacial care; to provide for a short title and definitions; to provide for notices and prohibit certain penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance and Labor.
HB 1591. By Representative Shanahan of the 10th:
A bill to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; to thereby change conditions of eligibility for HOPE scholarships and grants; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HR 874. By Representative Lane of the 146th:
A resolution compensating Ms. Shirley Free; and for other purposes.
Referred to the Committee on Appropriations.
HR 1050. By Representative Shaw of the 176th:
A resolution compensating Mr. Anthony S. McCoppin, Jr.; and for other purposes.
Referred to the Committee on Appropriations.
The Calendar was resumed.
SB 406. By Senators Lee of the 29th, Hecht of the 34th, Dean of the 31st and others:
A bill to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to require all local school systems to operate and maintain a summer school program for students attending alternative schools or who have been subject to suspension or in-house suspension during the regular school year; to require such students to attend such summer school program as a condition of elevation to the next grade level or graduation; to provide that such summer school program shall be part of the full session of the school system for purposes of compulsory school attendance by such students; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Education Committee offered the following substitute to SB 406:
A BILL
To be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to require all local school systems to operate and maintain a summer school program for students attending alternative schools or who have been subject to suspension during the regular school year; to require such students to attend such summer school program as a condition of elevation to the

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next grade level or graduation; to provide that such summer school program shall be part of the full session of the school system for purposes of compulsory school attendance by such students; 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 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, is amended by adding a new Code Section 20-2-155.1 to read as follows:

"20-2-155.1.

As a condition of receiving state funds under this article, each local school system shall operate and maintain a summer school program for students attending alternative schools for more than one six-week period or who have been subject to suspension for more than ten days during the regular school year. Each student within such school system who has been required to attend an alternative school for more than one six-week period or who has been subject to suspension for more than ten days during the regular school year shall attend such summer school program as a condition of elevation to the next grade level or graduation. Attendance at such summer school program shall also be subject to the provisions of Subpart 2 of Part 1 of Article 16 of this chapter, relating to compulsory school attendance, and such summer school program shall be included within the meaning of the term 'full session' as used in Code Section 20-2-691."

SECTION 2.

This Act shall not become effective until the General Assembly specifically appropriates adequate funds, as determined by the State School Superintendent, to fully fund the summer school program required by Section 1 of this Act.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 30, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson N James N Johnson,E Y Kemp Y Ladd Y Lamutt N Land Y Lee Y M V Bremen Y Madden Y Marable

Y Price,R N Price,T Y Ragan N Ray Y Scott N Smith Y Starr
Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker

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Y Golden N Guhl

Y Perdue Y Polak

Y Williams

On the passage of the bill, the yeas were 40, nays 11.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following messages were 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 1392.

By Representatives Jenkins of the 110th, Twiggs of the 8th and Day of the 153rd:
A bill to amend Code Section 16-11-181 of the Official Code of Georgia Annotated, relating to inapplicability of state Brady law regulations to certain firearms and persons, so as to eliminate an exemption from backgrounds checks for certain peace officers.

HB 1629.

By Representatives Royal of the 164th and Jenkins of the 110th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to revise comprehensively the provisions regarding the Seed-Capital Fund; to provide definitions; to create the Seed-Capital Fund.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 973.

By Representatives Powell of the 23rd, Hudson of the 156th, Houston of the 166th and others:
A resolution urging fairness and simplicity in the application of the state's sales and use tax to all nonexempt sellers in Georgia.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1197.

By Representatives Purcell of the 147th, Walker of the 141st, Ashe of the 46th and others:
A bill to amend Chapter 5 of Title 8 of the Official Code of Georgia Annotated, relating to art in state buildings, so as to change a definition; to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to create the Georgia Art Policy Committee.

HB 1594.

By Representatives Harbin of the 113th, Watson of the 70th, Tolbert of the 25th and others:
A bill to amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to change certain provisions relating to cash surrender benefits.

The House has adopted by the requisite constitutional majority the following resolution of the House:

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HR 875.

By Representative Lane of the 146th:

A resolution compensating Mr. Elmer Clyde Little II.

The following bills and resolution of the House were read the first time and referred to committees:

HB 1197. By Representatives Purcell of the 147th, Walker of the 141st, Ashe of the 46th and McClinton of the 68th:

A bill to be entitled an Act to amend Chapter 5 of Title 8 of the Official Code of Georgia Annotated, relating to art in state buildings, so as to change a definition; to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to create the Georgia Art Policy Committee; to provide for the appointment of members; to provide for meetings and expenses; to provide for powers and duties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Economic Development, Tourism and Cultural Affairs.

HB 1392. By Representatives Jenkins of the 110th, Twiggs of the 8th and Day of the 153rd:

A bill to be entitled an Act to amend Code Section 16-11-181 of the Official Code of Georgia Annotated, relating to inapplicability of state Brady law regulations to certain firearms and persons, so as to eliminate an exemption from backgrounds checks for certain peace officers; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

HB 1594. By Representatives Harbin of the 113th, Watson of the 70th, Tolbert of the 25th and Rice of the 79th:

A bill to be entitled an Act to amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to change certain provisions relating to cash surrender benefits; to change certain provisions relating to operative dates of said Code section; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Banking and Financial Institutions.

HB 1629. By Representatives Royal of the 164th and Jenkins of the 110th:

A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to revise comprehensively the provisions regarding the Seed-Capital Fund; to provide definitions; to create the Seed-Capital Fund; and for other purposes.

Referred to the Committee on Agriculture.

HR 875. By Representative Lane of the 146th:

A resolution compensating Mr. Elmer Clyde Little II; and for other purposes.

Referred to the Committee on Appropriations.

The Calendar was resumed.

Wednesday, March 8, 2000

1201

SB 473. By Senators Walker of the 22nd, Hecht of the 34th and Dean of the 31st:

A bill to be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to provide powers and duties of the Board of Natural Resources with regard to water quality monitoring and related matters; to provide for the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources with regard to water quality monitoring and related matters; to repeal conflicting laws; and for other purposes.
The Senate Natural Resources Committee offered the following amendment:

Amend SB 473 by striking lines 32 and 33 of page 1 and lines 1 through 4 of page 2 and inserting in lieu thereof the following:

"quality samples collected for the purpose of compiling lists of impaired waters pursuant to".

On the adoption of the amendment, the yeas were 50, nays 0, and the committee amendment was adopted.

Senator Walker of the 22nd offered the following amendment:

Amend SB 473 by striking lines 26 through 30 of page 1 and inserting in lieu thereof the following:

"discharges that are located on or under navigable streams, as defined in federal law or in subsection (a) of Code Section 44-8-5, or streams subject to a right of passage as determined by a court of competent jurisdiction. Such signs shall provide the name of the discharger or dischargers, the number of the permit, and a contact number for emergency reporting. The board shall prescribe the dimensions and design of such sign. Violation of this paragraph may result in a fine not to exceed $500.00;"

By inserting on line 32 on page 1, following the word "any", the word and symbol "permittee,".

By striking the quotation marks at the end of line 19 of page 2 and inserting immediately following said line the following:
"(c) If any water quality sample collected as provided in paragraph (3) of subsection (a) of this Code section indicates that the tested waters are impaired, the director shall within 30 days of such finding cause the waters to be tested by division personnel.'"

On the adoption of the amendment, the yeas were 50, nays 1, and the Walker amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D

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Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 434. By Senators Polak of the 42nd and Lamutt of the 21st:

A bill to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the regulation of alcoholic beverages generally, so as to provide for the delivery to consumers of malt beverages and wine by licensed retail grocers engaged in electronic commerce over the Internet; to provide for legislative findings; to provide for definitions; to provide for conditions and limitations; to provide for the powers, duties, and authority of the state revenue commissioner; to provide for sanctions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Polak of the 42nd asked unanimous consent that SB 434 be dropped to the foot of the Calendar.

The consent was granted, and SB 434 was dropped to the foot of the Rules Calendar for today.

SB 382.

By Senators Hill of the 4th, Blitch of the 7th, Madden of the 47th and Ragan of the 11th:
A bill to be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to exempt the purchase, sale, or lease of certain rural hospitals from certain restrictions relating to those transactions; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown 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

Hamrick Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes
Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

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On the passage of the bill, the yeas were 51, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 496. By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:
A bill to be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to change certain provisions relating to length of vehicle and loads; to change certain provisions relating to permits for excess weight and dimensions; to repeal conflicting laws; and for other purposes.
The Senate Transportation Committee offered the following substitute to SB 496:
A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to change certain provisions relating to length of vehicle and loads; to change certain provisions relating to permits for excess weight and dimensions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended by striking Code Section 32-6-24, relating to length of vehicle and loads, and inserting in lieu thereof the following:
"32-6-24.
(a) As used in this article, the term:
(1) 'Bimodal semitrailer' shall be defined as means a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported during movement over the highway and designed either with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails.
(2) 'Combination of vehicles' means a semitrailer pulled by a truck tractor or a semitrailer and trailer pulled by a truck tractor operating in a truck tractor-semitrailer-trailer combination.
(3) 'Semitrailer' shall be defined as means a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported.
(4) 'STAA system' means the National Network and the Access Routes to the National Network as allowed under the federal Surface Transportation Assistance Act (STAA), as amended.
(4)(5) 'Trailer' shall be defined as means a detachable load-carrying unit designed to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor.
(5)(6) 'Truck tractor' shall be defined as means the noncargo-carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit.
(7) 'Extendable semitrailer' means a semitrailer that has been manufactured for the purpose of extending the frame to increase the overall length for the purpose of transporting single-piece loads.

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(b) Unless exempted in Code Section 32-6-25 or so authorized by a permit issued pursuant to Code Section 32-6-28, the following length limits shall apply:
(1) Trailer and semitrailer lengths:
(A) Truck tractor-semitrailer-trailer combinations shall have trailers and semitrailers that do not exceed 28 feet in length;
(B) Truck tractor-semitrailer combinations shall have semitrailers that do not exceed 53 feet in length, unless signs are posted that indicate semitrailer length restrictions. For all semitrailers, the distance between the kingpin of the semitrailer and the axle of the semitrailer shall not exceed 41 feet; this 41 foot distance shall be measured between the kingpin and the midway point between the axles which comprise the rearmost tandem axle, if the rearmost axle on the semitrailer is a tandem axle, or between the kingpin and the center of the rearmost axle, if the rearmost axle on the semitrailer is a single axle. For purposes of this paragraph, the term 'kingpin' means a pin or peg designed to be locked into a fifth wheel of a truck tractor to attach a semitrailer to such truck tractor;
(C) On interstate and STAA system routes, single-piece loads may be transported on an extendable semitrailer that exceeds 53 feet, provided that no pieces will be loaded end to end and the semitrailer does not exceed 75 feet in length; on roads other than the interstate and STAA system routes, the foregoing provisions of this subparagraph shall also apply, except that the overall length shall not exceed 100 feet. Empty extendable semitrailers or extendable semitrailers transporting a single-piece load of 53 feet or less shall be required to maintain a semitrailer length of 53 feet or less. When the semitrailer is extended as described in this subparagraph, the rear extremity of each extendable semitrailer or load shall be marked with a four-inch multidirectional amber strobe light and with 12 inch bright red or orange warning flags on the rearmost of the load or semitrailer;
(C)(D) Maxi-cube combinations shall have a cargo box that does not exceed 34 feet, provided that the pair of cargo boxes together does not exceed 60 feet and the overall length, including the power unit, does not exceed 65 feet;
(D)(E) Trailer and semitrailer length requirements in this paragraph shall not apply to automobile and boat transporters; however, no unit of the vehicle shall exceed 56 feet in length.
(2) Overall truck tractor-semitrailer or truck tractor-semitrailer-trailer lengths:
(A) Maxi-cube combinations shall have an overall length that does not exceed 65 feet;
(B) Saddlemount and saddlemount with fullmount combinations shall have an overall length that does not exceed 75 feet;
(C) All other combinations of truck tractor-semitrailer or truck tractor-semitrailer-trailer operated on roads other than interstate or the STAA system of roads shall have an overall length that does not exceed 100 feet, unless signs are posted that indicate length restrictions. This maximum length shall include the federal allowance for automobile and boat transporter loads to overhang up to three feet over the front of the vehicle and overhang up to four feet over the rear of the vehicle. The STAA system shall be comprised of the National Network and the Access Routes to the National Network as allowed under the federal Surface Transportation Assistance Act (STAA) of 1982, as amended."
SECTION 2.
Said article is further amended by striking paragraph (2) of subsection (b) and paragraph (4) of subsection (c) of Code Section 32-6-28, relating to permits for excess weight and dimensions, and inserting in lieu thereof the following:
"(2) STAA annual permit. Vehicles and loads that meet the requirements for an annual permit may apply for a special annual permit to carry wider loads on the STAA system of roads. The STAA system shall be comprised of the National Network and the Access Routes to the National Network as allowed under the federal Surface Transportation Assistance Act (STAA) of 1982, as amended. The wider load limits shall be a maximum of 14 feet

Wednesday, March 8, 2000

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wide from the base of the load to a point 10 feet above the pavement and 14 feet and eight inches for the upper portion of the load."
"(4) Single trip. Charges for the issuance of single-trip permits shall be as follows:

(A) Any load not greater than 16 feet wide, not greater than 16 feet high, and not weighing more than 150,000 pounds or any load greater than 100 feet long which does not exceed the maximum width, height, and weight limits specified by this subparagraph............................................$ 30.00
(B) Any load having a width, height, or weight exceeding the maximum limit therefor specified in subparagraph (A) of this paragraph but which is not greater than 20 feet wide, not greater than 20 feet high, and not weighing more than 180,000 pounds...................................150.00 125.00
(C) Any load having a width, height, or weight exceeding the maximum limit therefor specified in subparagraph (B) of this paragraph.........................................500.00"

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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 Hamrick Harbison
Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 55, nays 0.

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The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Hooks of the 14th moved that Senator Harbison of the 15th be excused. On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Harbison was excused.
The President introduced Bill Elliott of Dawsonville, Georgia, who addressed the Senate briefly.

The Calendar was resumed.

SB 452. By Senator Streat of the 19th:

A bill to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; to thereby change conditions of eligibility for HOPE scholarships and grants; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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 Hamrick E Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 431. By Senator Polak of the 42nd:

A bill to be entitled an Act to amend Article 2 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to contracts for preneed funeral services, so as to provide that funds deposited pursuant to a preneed funeral services contract be held in an insured depository institution as that term is defined in federal law; to provide for related matters; to repeal conflicting laws; and for other purposes.

Wednesday, March 8, 2000

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Senator Polak of the 42nd asked unanimous consent that SB 431 be committed to the Banking and Financial Institutions Committee. The consent was granted, and SB 431 was committed to the Senate Banking and Financial Institutions Committee.
The following communication was received by the Secretary:

OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol
Atlanta, Georgia 30334
March 8, 2000
Honorable Bill Hamrick State Senator 324-B Legislative Office Building Atlanta, Georgia 30334
Dear Bill:
Please accept this letter as notification of your appointments to the following committees: Member of Higher Education, Special Judiciary, Health and Human Services and Transportation.
I look forward to working with you and know you will do an outstanding job. If I can be of assistance, please give me a call.
Sincerely,
/s/ Mark Taylor
The following messages were 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 1381.

By Representatives Watson of the 70th, Walker of the 141st, Heard of the 89th and others:
A bill to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risk, and reinsurance, so as to change what is considered to be property insurance; to require that only surety insurers authorized to transact business in this state may issue certain surety bonds.

HB 1487.

By Representatives Millar of the 59th, Watson of the 70th, Harrell of the 62nd and others:
A bill to amend Code Section 36-89-4 of the Official Code of Georgia Annotated, relating to the allotment of homeowner tax relief funds to counties and local school districts, so as to change the manner in which ad valorem tax credit amounts are calculated.

The House has adopted by the requisite constitutional majority the following resolution of the House:

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HR 1053.

By Representative Bailey of the 93rd: A resolution compensating Mr. Calvin C. Johnson, Jr..

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 935.

By Representatives Harbin of the 113th, Murphy of the 18th, Buck ofthe 135th and others:
A resolution memorializing the Congress and the President to enact legislation that recognizes the necessity of the United States government maintaining its commitment to America's military retirees by providing lifetime health care for those over the age of 65 years, that requires opening the Federal Employees Health Benefit Program to eligible uniformed armed services beneficiaries, and that addresses in any other appropriate way the concerns expressed in this resolution.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1470.

By Representatives Williams of the 114th, Parham of the 122nd, Parrish of the 144th and others:
A bill to amend Code Section 37-2-5.1 of the Official Code of Georgia Annotated, relating to regional board staff and funding, so as to require the executive director and officers of such board to appear and answer questions before the appropriations committees of the Senate and House of Representatives.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 846.

By Representative Byrd of the 170th:
A bill to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions regarding the State Construction Industry Licensing Board, so as to change certain definitions.

HB 1619.

By Representatives Barnes of the 97th, Benefield of the 96th, Porter of the 143rd and others:
A bill to amend Code Section 20-3-519.7 of the Official Code of Georgia Annotated, relating to PROMISE teacher's scholarships, so as to change the requirements for eligibility for the scholarship and define certain terms.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1414.

By Representatives Barnard of the 154th, DeLoach of the 172nd, Walker of the 141st and others:
A bill to amend Code Section 42-8-100 of the Official Code of Georgia Annotated, relating to agreements between chief judges of county courts or judges of municipal courts and corporations, enterprises, or agencies for probation services, so as to provide that a certain contract for probation services in a county in existence on July 1, 2000, or entered into on or after such date shall be terminated only by the chief judge of the court which entered into the contract and in accordance with the agreed upon, written provisions of such contract.

Wednesday, March 8, 2000

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HB 1428.

By Representatives Holland of the 157th, Walker of the 141st and Jenkins of the 110th:
A bill to amend Article 1 of Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to probate, so as to provide that the Supreme Court of Georgia shall be authorized to adopt rules governing the use of forms in the probate courts and standard forms to be used in proceedings before the probate courts.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 772.

By Representatives Cummings of the 27th, Shanahan of the 10th, McBee of the 88th and others:
A bill to amend Code Section 47-2-182 of the Official Code of Georgia Annotated, relating to credit in the Employees' Retirement System of Georgia for service to certain members of local retirement systems, so as to provide that any member who was employed by a local or independent school system prior to July 1, 1979, may receive creditable service in the Employees' Retirement System of Georgia.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 648.

By Representatives Whitaker of the 7th, Jackson of the 112th, DeLoach of the 119th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state departments and entities, so as to require certain motor vehicles owned or leased by certain governmental entities or purchased or leased with public funds to be identified with certain markings, decals, or seals.

HB 1144.

By Representatives Murphy of the 18th, Birdsong of the 123rd, Walker of the 141st and others:
A bill to provide a supplementary appropriation for the state fiscal year ending June 30, 2000, in addition to any other appropriation heretofore or hereafter made for the operation of state government and the purposes provided for herein; to make such appropriation to the Office of Governor to make a contribution to the National World War II Memorial Campaign for the purpose of establishing a World War II Memorial on the National Mall in Washington, D.C., for the state fiscal year ending June 30, 2000.

HB 1457.

By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to repeal provisions relating to the exemption from state income taxation of benefits received from public retirement systems; to amend provisions relative to the investment authority of public retirement systems to make such authority conform to Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law".

The House has passed by the requisite constitutional majority the following bill of the House:

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HB 1541.

By Representatives Martin of the 47th and McKinney of the 51st:
A bill to repeal an Act fixing the salaries of certain judges of certain courts within counties having a population in excess of 600,000 according to the United States decennial census of 1990 or any future such census.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 817.

By Representative Teper of the 61st:
A bill to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, so as to change certain provisions of the standard rental agreement relating to storage of personal property which is the basis for enforcement of liens without judicial intervention.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 767.

By Representative Mosley of the 171st:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable service for prior service as a temporary full-time employee.

HB 1671.

By Representative Murphy of the 18th:
A bill to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and the midyear adjustment reserve, so as to change provisions relating to the amount of the revenue shortfall reserve.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1335.

By Representatives Buckner of the 95th, McBee of the 88th, Coleman of the 142nd and others:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions and certain diseases, so as to provide for findings; to provide for the Breast Cancer and Prostate Cancer Research Program Fund and authorize contributions thereto and administration thereof.

HB 1522.

By Representatives Pinholster of the 15th and Stancil of the 16th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to increase the criminal penalty with respect to possession of firearms by convicted felons and first offender probationers; to increase the criminal penalty for certain persons convicted of certain crimes who have prior convictions.

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The House has passed by the requisite constitutional majority the following bill of the House:

HB 1455.

By Representatives Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd and others:

A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for income tax credits for certain export businesses.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 648.

By Representatives Whitaker of the 7th, Jackson of the 112th, DeLoach of the 119th, Smith of the 12th and Poag of the 6th:

A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state departments and entities, so as to require certain motor vehicles owned or leased by certain governmental entities or purchased or leased with public funds to be identified with certain markings, decals, or seals; and for other purposes.

Referred to the Committee on Finance and Public Utilities.

HB 767. By Representative Mosley of the 171st:

A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable service for prior service as a temporary full-time employee; and for other purposes.

Referred to the Committee on Retirement.

HB 772.

By Representatives Cummings of the 27th, Shanahan of the 10th, McBee of the 88th and Crawford of the 129th:

A bill to amend Code Section 47-2-182 of the Official Code of Georgia Annotated, relating to credit in the Employees' Retirement System of Georgia for service to certain members of local retirement systems, so as to provide that any member who was employed by a local or independent school system prior to July 1, 1979, may receive creditable service in the Employees' Retirement System of Georgia; and for other purposes.

Referred to the Committee on Retirement.

HB 817. By Representative Teper of the 61st:

A bill to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, so as to change certain provisions of the standard rental agreement relating to storage of personal property which is the basis for enforcement of liens without judicial intervention; and for other purposes.

Referred to the Committee on Veterans and Consumer Affairs.

HB 846. By Representative Byrd of the 170th:

A bill to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions regarding the State Construction Industry Licensing Board, so as to change certain definitions; and for other purposes.

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Referred to the Committee on State and Local Governmental Operations (General).
HB 1144. By Representatives Murphy of the 18th, Birdsong of the 123rd, Walker of the 141st and others:
A bill to be entitled an Act to provide a supplementary appropriation for the state fiscal year ending June 30, 2000, in addition to any other appropriation heretofore or hereafter made for the operation of state government and the purposes provided for herein; to make such appropriation to the Office of Governor to make a contribution to the National World War II Memorial Campaign for the purpose of establishing a World War II Memorial on the National Mall in Washington, D.C., for the state fiscal year ending June 30, 2000; to provide a statement of public purpose; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 1335. By Representatives Buckner of the 95th, McBee of the 88th, Coleman of the 142nd and others:
A bill to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions and certain diseases, so as to provide for findings; to provide for the Breast Cancer and Prostate Cancer Research Program Fund and authorize contributions thereto and administration thereof; to provide for research contracts; to provide for the supplemental nature of such contributions and restrict the use thereof; to provide for reports; to provide for tax return forms and instructions; to provide for administrative costs; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
HB 1381. By Representatives Watson of the 70th, Walker of the 141st, Heard of the 89th and others:
A bill to be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risk, and reinsurance, so as to change what is considered to be property insurance; to require that only surety insurers authorized to transact business in this state may issue certain surety bonds; to provide that certain contracts must list on the cover page the telephone number and contact person for the surety insurer in addition to other information; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
HB 1414. By Representatives Barnard of the 154th, DeLoach of the 172nd, Walker of the 141st and Crawford of the 129th:
A bill to be entitled an Act to amend Code Section 42-8-100 of the Official Code of Georgia Annotated, relating to agreements between chief judges of county courts or judges of municipal courts and corporations, enterprises, or agencies for probation services, so as to provide that a certain contract for probation services in a county in existence on July 1, 2000, or entered into on or after such date shall be terminated only by the chief judge of the court which entered into the contract and in accordance with the agreed upon, written provisions of such contract; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Corrections, Correctional Institutions and Property.
HB 1428. By Representatives Holland of the 157th, Walker of the 141st and Jenkins of the 110th:
A bill to be entitled an Act to amend Article 1 of Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to probate, so as to provide that the Supreme Court of Georgia shall be authorized to adopt rules governing the use of forms in the probate courts and standard forms to be used in proceedings before the probate courts; to make certain provisions for such forms; to

Wednesday, March 8, 2000

1213

provide that no uniform or local rules shall be adopted which are not in compliance with such requirements; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1455. By Representatives Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd and others:
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, and computation of income taxes, so as to provide for income tax credits for certain export businesses; to provide for definitions; to provide for terms, conditions, limitations, and procedures relating to such credits; to provide for applicability; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1457. By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to repeal provisions relating to the exemption from state income taxation of benefits received from public retirement systems; to amend provisions relative to the investment authority of public retirement systems to make such authority conform to Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1470. By Representatives Williams of the 114th, Parham of the 122nd, Parrish of the 144th and others:
A bill to be entitled an Act to amend Code Section 37-2-5.1 of the Official Code of Georgia Annotated, relating to regional board staff and funding, so as to require the executive director and officers of such board to appear and answer questions before the appropriations committees of the Senate and House of Representatives; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 1487. By Representatives Millar of the 59th, Watson of the 70th, Harrell of the 62nd and others:
A bill to be entitled an Act to amend Code Section 36-89-4 of the Official Code of Georgia Annotated, relating to the allotment of homeowner tax relief funds to counties and local school districts, so as to change the manner in which ad valorem tax credit amounts are calculated; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Finance and Public Utilities.
HB 1522. By Representatives Pinholster of the 15th and Stancil of the 16th:
A bill to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to increase the criminal penalty with respect to possession of firearms by convicted felons and first offender probationers; to increase the criminal penalty for certain persons convicted of certain crimes who have prior convictions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OF THE SENATE

HB 1541. By Representatives Martin of the 47th and McKinney of the 51st:
A bill to be entitled an Act to repeal an Act fixing the salaries of certain judges of certain courts within counties having a population in excess of 600,000 according to the United States decennial census of 1990 or any future such census, approved March 28, 1973 (Ga. L. 1973, p. 2308), as amended, particularly by an Act approved April 17, 1992 (Ga. L. 1992, p. 2049); to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1619. By Representatives Barnes of the 97th, Benefield of the 96th, Porter of the 143rd and others:
A bill to be entitled an Act to amend Code Section 20-3-519.7 of the Official Code of Georgia Annotated, relating to PROMISE teacher's scholarships, so as to change the requirements for eligibility for the scholarship and define certain terms; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 1671. By Representative Murphy of the 18th:
A bill to be entitled an Act to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and the midyear adjustment reserve, so as to change provisions relating to the amount of the revenue shortfall reserve; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HR 935. By Representatives Harbin of the 113th, Murphy of the 18th, Buck of the 135th and others:
A resolution memorializing the Congress and the President to enact legislation that recognizes the necessity of the United States government maintaining its commitment to America's military retirees by providing lifetime health care for those over the age of 65 years, that requires opening the Federal Employees Health Benefit Program to eligible uniformed armed services beneficiaries, and that addresses in any other appropriate way the concerns expressed in this resolution; and for other purposes.
Referred to the Committee on Veterans and Consumer Affairs.
HR 1053. By Representative Bailey of the 93rd:
A resolution compensating Mr. Calvin C. Johnson, Jr.; and for other purposes.
Referred to the Committee on Appropriations.
Serving as doctor of the day was Dr. David Baxter.
Senator Walker of the 22nd moved that the Senate stand in recess until 12:00 midnight and then adjourn until 10:00 a.m. tomorrow. The President announced that the motion prevailed at 4:22 p.m.

Thursday, March 9, 2000

1215

Senate Chamber, Atlanta, Georgia Thursday, March 9, 2000
Thirty-fourth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1658.

By Representative Smith of the 91st: A bill to create the Morgan County Family Connection Board.

HB 1660.

By Representative Royal of the 164th: A bill to provide a new charter for the City of Doerun.

HB 1673.

By Representatives Stokes of the 92nd and Smith of the 91st:
A bill to amend an Act providing additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authority, so as to provide for additional powers, rights, and privileges for said authority.

The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

HB 823.

By Representatives Everett of the 163rd, Bridges of the 9th, Callaway of the 81st and others:
A bill to amend Code Section 40-2-8 of the Official Code of Georgia Annotated, relating to operation of unregistered vehicles or vehicles without current license plates, revalidation decals, or county decals, storage of unlicensed vehicles, jurisdiction, display of temporary notices, and disposition of fines, so as to provide for issuance of temporary plates for vehicles sold by dealers of new and used motor vehicles and display of such temporary plates on recently purchased vehicles prior to registration.

The House has disagreed to the Senate substitutes to the following bills of the House:

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JOURNAL OF THE SENATE

HB 509.

By Representatives Jamieson of the 22nd, Ashe of the 46th, Cummings of the 27th and others:
A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to change certain provisions regarding historic preservation commissions and ordinances.

HB 1182.

By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:

A bill to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to repeal certain provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources.

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 680.

By Senators Starr of the 44th, Walker of the 22nd and Hooks of the 14th:

A resolution relative to adjournment.

The following bill of the Senate was introduced, read the first time and referred to committee:

SB 538. By Senator Hooks of the 14th:

A bill to be entitled an Act to amend Article 3 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages for conversion of timber, so as to change the amount of damages which may be recovered from a willful trespasser for timber cut and carried away; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources.

The following bills of the House were read the first time and referred to committee:

HB 1658. By Representative Smith of the 91st:

A bill to create the Morgan County Family Connection Board; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1660. By Representative Royal of the 164th:

A bill to be entitled an Act to provide a new charter for the City of Doerun; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

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HB 1673. By Representatives Stokes of the 92nd and Smith of the 91st:

A bill to be entitled an Act to amend an Act providing additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authority, approved April 16, 1981 (Ga. L. 1981, p. 3302), as amended by an Act approved March 27, 1991 (Ga. L. 1991, p. 3529), so as to provide for additional powers, rights, and privileges for said authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Agriculture has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1245. Do pass. HB 1277. Do pass.

Respectfully submitted, Senator Ragan of the 11th District, Chairman

Mr. President:

The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1268. Do pass. HR 847. Do pass by substitute.

Respectfully submitted, Senator Broun of the 46th 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 644. Do pass.

Respectfully submitted, Senator Scott of the 36th 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 536. Do pass. HB 1331. Do pass. HB 1468. Do pass. HB 1527. Do pass as amended. HB 1443. Do pass. HB 1226. Do pass. HB 1442. Do pass.

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JOURNAL OF THE SENATE

HB 1631. Do pass. HB 1445. Do pass. HB 1446. Do pass. HB 1568. Do pass as amended. HB 1430. Do pass by substitute. HB 1439. Do pass. HB 1079. Do pass by substitute. HB 1508. Do pass. HB 1253. Do pass. HB 87. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

HB 1151 HB 1168 HB 1215 HB 1246 HB 1303 HB 1314

HB 1349 HB 1415 HB 446 HR 1081 HR 878

The roll was called and the following Senators answered to their names:

Blitch Bowen Broun Brown Brush Burton Butler Cable Cagle Cheeks Crotts Egan Gillis Gingrey Golden Guhl Hamrick

Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Ladd Lamutt Land Lee Madden Marable M V Bremen Perdue Polak

Price,R Price,T Ragan Ray Scott Smith Starr Stephens Stokes Streat Tanksley Thomas,D Thomas,N Thomas,R Thompson Williams

Those not answering were:

Balfour Dean Fort Kemp Tate Walker

The members pledged allegiance to the flag.

Prayer was offered by Senator Williams of the 6th.

Thursday, March 9, 2000

1219

The following resolutions were read and adopted: SR 684. By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:
A resolution expressing the support of the Senate for the highway work zone safety campaign of the Georgia Department of Transportation; and for other purposes. SR 685. By Senators Guhl of the 45th and Crotts of the 17th: A resolution commending the students of Heritage High School who participated in the national essay project on student violence; and for other purposes. SR 686. By Senator Lee of the 29th: A resolution commending the West Georgia Christian Academy boys' basketball team; and for other purposes. SR 687. By Senator Broun of the 46th: A resolution commending Dr. Leila Denmark; and for other purposes. SR 688. By Senator Stokes of the 43rd: A resolution honoring the Reverend C. Andre' Grier; and for other purposes. SR 689. By Senator Stokes of the 43rd: A resolution recognizing and commending Reverend Miles E. Fowler; and for other purposes. SR 690. By Senators Walker of the 22nd, Starr of the 44th, Dean of the 31st and others: A resolution proclaiming March 15 through March 21, 2000, as "Census Awareness Week"; and for other purposes. SR 691. By Senator Stokes of the 43rd: A resolution honoring Reverend Dr. Cynthia L. Hale; and for other purposes. SR 692. By Senator Stokes of the 43rd: A resolution commending Pastor Kerwin B. Lee; and for other purposes. SR 693. By Senator Stokes of the 43rd: A resolution commending Reverend David B. Rhone, Jr.; and for other purposes. SR 694. By Senator Johnson of the 1st: A resolution commending the Savannah Country Day Lady Hornets basketball team; and for other purposes. SR 695. By Senator Jackson of the 50th: A resolution commending the White County High School Warriors Basketball Team; and for other purposes.

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JOURNAL OF THE SENATE

SR 696. By Senator Jackson of the 50th:
A resolution recognizing and commending Dahlonega Art Alliance, Inc.; and for other purposes.
SR 697. By Senator Jackson of the 50th: A resolution commending the Blue Ridge Rifles of North Georgia College and State University as the national champion collegiate precision military drill team of 2000; and for other purposes.
SR 698. By Senator Ragan of the 11th:
A resolution commending the Mitchell-Baker High School Eagles varsity cheerleaders; and for other purposes.
SR 699. By Senator Ragan of the 11th:
A resolution commending the Mitchell-Baker High School Eagles basketball team; and for other purposes.
HR 973. By Representatives Powell of the 23rd, Hudson of the 156th, Houston of the 166th and others: A resolution urging fairness and simplicity in the application of the state's sales and use tax to all nonexempt sellers in Georgia; and for other purposes.
HR 1264. By Representatives Cummings of the 27th, Murphy of the 18th, Buck of the 135th and others:
A resolution commending Mr. Gerald S. "Jerry" Gilbert; and for other purposes.
The following bill was taken up to consider House action thereto:
HB 509. By Representatives Jamieson of the 22nd, Ashe of the 46th, Cummings of the 27th and others:
A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to change certain provisions regarding historic preservation commissions and ordinances; and for other purposes.
Senator Egan of the 40th moved that the Senate insist on its substitute to HB 509.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 509.
Senator Crotts of the 17th introduced Dr. Joe Blisitt, commended by SR 453, adopted previously. Senator Lamutt of the 21st introduced the doctor of the day, Dr. Jerry Weaver.

Senator Ragan of the 11th moved that the following bill be withdrawn from the Agriculture Committee and committed to the Higher Education Committee:

HB 1629. By Representatives Royal of the 164th and Jenkins of the 110th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to revise comprehensively the provisions regarding the Seed-Capital Fund; to provide definitions; to create the Seed-Capital Fund; and for other purposes.

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On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1629 was withdrawn from the Agriculture Committee and committed to the Higher Education Committee.

The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR

Thursday, March 9, 2000 Thirty-fourth Legislative Day

(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 536

Thomas of the 10th Polak of the 42nd

CITY OF DECATUR

A bill to be entitled an Act to provide a new charter for the City of Decatur, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of the city and the powers, duties, election, terms, method of filling vacancies, and compensation of the members of such governing authority; to provide for investigations; to provide for organization and procedures; to provide for ordinances, rules, and regulations; to provide for penalties; to provide for the office of mayor and powers and duties of the mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager and other personnel; to repeal conflicting laws; and for other purposes.

HB 1331

Blitch of the 7th

CITY OF LENOX

A bill to be entitled an Act to provide a new charter for the City of Lenox; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore or vice mayor and certain duties, powers, and other matters relative thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes.

HB 1468

Blitch of the 7th

FOLKSTON-CHARLTON COUNTY

A bill to be entitled an Act to amend an Act creating and establishing the FolkstonCharlton County Airport Authority, approved March 21, 1970 (Ga. L. 1970, p. 3253), so as to change the name of the authority to the Charlton-Folkston-Homeland Airport Authority; to provide for additional members; to change certain provisions regarding appointment and terms of office; to repeal conflicting laws; and for other purposes.

1222 *HB 1527
HB 1443 HB 1226 HB 1442 HB 1631

JOURNAL OF THE SENATE
Lamutt of the 21st Gingrey of the 37th Tate of the 38th Tanksley of the 32nd Thompson of the 33rd
COBB COUNTY
A bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to change the supplement to be paid to each of the judges of the superior court of said circuit; provide an effective date; to repeal conflicting laws; and for other purposes. (Amendment)
Crotts of the 17th
CITY OF LOCUST GROVE
A bill to be entitled an Act to amend an Act providing a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, particularly by an Act approved February 27, 1996 (Ga. L. 1996, p. 3503), so as to change the terms of office, time of election, and organizational meeting of the members of the governing authority of that city; to delete certain prohibitions regarding running for other offices; to repeal conflicting laws; and for other purposes.
Cable of the 27th
LAMAR COUNTY
A bill to be entitled an Act to amend the Act creating the Lamar County Livestock and Agricultural Exposition Authority, approved March 25, 1996 (Ga. L. 1996, p. 3703), so as to provide that such authority is established for a purpose exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; to provide for distribution of authority assets upon dissolution; to prohibit certain political activity by the authority; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Crotts of the 17th
CITY OF STOCKBRIDGE
A bill to be entitled an Act to amend an Act providing a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), so as to change the terms of office of the governing authority thereof; to repeal conflicting laws; and for other purposes.
Crotts of the 17th
BUTTS COUNTY
A bill to be entitled an Act to amend an Act providing for the Board of Education of Butts County, approved March 30, 1987 (Ga. L. 1987, p. 4919), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4869), so as to change the compensation of the members and chairperson of that board; to repeal conflicting laws; and for other purposes.

Thursday, March 9, 2000

1223

HB 1445

Crotts of the 17th

HENRY COUNTY

A bill to be entitled an Act to amend an Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, so as to change the provisions relating to powers of the authority; to repeal conflicting laws; and for other purposes.

HB 1446

Crotts of the 17th

CITY OF HAMPTON

A bill to be entitled an Act to amend an Act providing a new charter for the City of Hampton, approved April 17, 1975 (Ga. L. 1975, p. 4092), as amended, so as to change the terms of office, time of election, and organizational meeting of the members of the governing authority of that city; to repeal conflicting laws; and for other purposes.

The amendment to the following bill was put upon its adoption:

*HB 1527 The Senate State and Local Governmental Operations Committee offered the following amendment:

Amend HB 1527 by striking line 17 of page 1 and inserting in lieu thereof the following:

"This Act shall become effective on October 1, 2000."

On the adoption of the amendment, the yeas were 49, 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 Y Bowen Y Broun Y Brown 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

Y Hamrick Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen
Madden Y Marable
Perdue Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the local bills, the yeas were 49, nays 0.

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JOURNAL OF THE SENATE

The bills on the Local Consent Calendar, except HB 1527, having received the requisite constitutional majority, were passed.

HB 1527, having received the requisite constitutional majority, was passed as amended.

The following communication was received by the Secretary:

March 9, 2000

Mr. Secretary;

Please show me voting "YEA" on the Local Consent Calendar.
/s/ Jack Hill 4th District
SENATE RULES CALENDAR

Thursday, March 9, 2000 THIRTY-FOURTH LEGISLATIVE DAY

HB 1458 Driver's license; suspension and revocation; amend provisions (Pub Saf-12th) Parham-122nd (ENGROSSED IN HOUSE)

HB 1290 Utility Facility Protection Act; enact (Substitute) (F&PU-33rd) Wix-33rd

HR 849 HB 1358

Veterans Memorial Highway; designate (Trans-33rd) Hembree-98th State publications; copies to UGA Libraries; electronic form (H Ed-46th) McBee-88th

HR 927 "Paul Heard Highway"; designate (Trans-37th) Cox-105th

HB 1409 Wildlife control permits; issuance by Department of Natural Resources (Substitute) (Nat R-20th) Lane-146th

HB 1221 Water service; four or more residential units; charge tenants (Amendment) (V&CA-15th) Powell-23rd

HB 1184

Workers' compensation; amend provisions (I&L-8th) Orrock-56th
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 1458. By Representatives Parham of the 122nd and Powell of the 23rd:

A bill to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of motor vehicle drivers' licenses, so as to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issuance of new license following revocation; to amend Chapter 8 of Title 42, relating to probation, so as to change certain provisions relating to use of a motor vehicle ignition interlock device as a probation condition; to provide an effective date; to repeal conflicting laws; and for other purposes.

Thursday, March 9, 2000

1225

Senate Sponsor: Senator Meyer von Bremen of the 12th.

Senators Price of the 56th and Johnson of the 1st offered the following amendment:

Amend HB 1458 by deleting lines 7 through 9 of page 12, and substituting therein the following:

"for".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun N Brown 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

Y Hamrick N Harbison
Hecht N Hill N Hooks N Huggins N Jackson Y James Y Johnson,E N Kemp Y Ladd N Lamutt Y Land N Lee N M V Bremen N Madden N Marable Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 22, nays 33, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison
Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan N Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 53, nays 2.
The bill, having received the requisite constitutional majority, was passed.
Senator Lee of the 29th introduced Miss Troup County, Tessa Matthews, and Miss Atlanta, Pam Kennedy.
The Calendar was resumed.
HB 1290. By Representatives Wix of the 33rd, Hudson of the 156th, Skipper of the 137th and others:
A bill to be entitled an Act to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, so as to provide a short title; to define certain terms; to provide procedures for the protection of utility facilities from damage from excavating and blasting; to provide for the duties of persons engaged in excavating or blasting; to provide procedures for notifying facility owners and operators of proposed excavating or blasting in the vicinity of utility facilities; to provide for the operation of the utilities protection center; to provide for the membership of the utilities protection center; to provide for the duties of utility owners or operators receiving notice of excavating or blasting; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Thompson of the 33rd.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1290:
A BILL
To be entitled an Act to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, so as to provide a short title; to define certain terms; to provide procedures for the protection of utility facilities from damage from excavating and blasting; to provide for the duties of persons engaged in excavating or blasting; to provide procedures for notifying facility owners and operators of proposed excavating or blasting in the vicinity of utility facilities; to provide for the operation of the utilities protection center; to provide for the membership of the utilities protection center; to provide for the duties of utility owners or operators receiving notice of excavating or blasting; to provide a standard system of marking underground utility facilities; to provide for a system of notifying persons engaged in excavating or blasting of the presence of utility facilities in the area subject to excavating or blasting; to provide for proper excavating procedures to be carried out in the vicinity of utility facilities; to provide for procedures to be followed during emergency excavating and blasting activities; to provide for the enforcement of this Act; to provide for the establishment of an advisory committee to assist in the enforcement of this Act; to provide for the membership, purposes, powers, and immunities of the advisory committee; to provide for the liability of persons violating the provisions of this Act; to provide penalties for the violation of the provisions of this Act; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 9 to read as follows:
"CHAPTER 9
25-9-1.
This chapter shall be known and may be cited as the 'Georgia Utility Facility Protection Act.'

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25-9-1 25-9-2.
The purpose of this chapter is to protect the public from physical harm, prevent injury to persons and property, and prevent interruptions of utility and cable television service resulting from damage to gas pipes and other underground utility facilities caused by blasting or excavating operations by providing a method whereby the location of underground gas pipes and other utility facilities will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such underground gas pipes and other utility facilities.
25-9-2 25-9-3.
As used in this chapter, the term:
(1) 'Abandoned utility facility' means a utility facility taken out of service by a facility owner or operator on or after January 1, 2001.
(1)(2) 'Blasting' means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent.
(2)(3) 'Business days' means Monday through Friday, excluding the following holidays: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday.
(3)(4) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on business days.
(5) 'Commission' means the Public Service Commission.
(4)(6) 'Corporation' means any corporation; municipal corporation; county; authority; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing.
(5)-'Distribution of gas' means the distribution or furnishing of gas to the ultimate consumer through the use of underground pipes or other facilities and includes, but is not limited to, the distribution of gas pursuant to a certificate of public convenience and necessity issued by the Public Service Commission.
(7) 'Damage' means any impact or exposure that results in the need to repair a utility facility due to the weakening or the partial or complete destruction of the facility including, but not limited to, the protective coating, lateral support, cathodic protection, or the housing for the line, device, or facility.
(8) 'Design locate request' means a communication to the utilities protection center in which a request for locating existing utility facilities for bidding, predesign, or advance planning purposes is made. A design locate request may not be used for excavation purposes.
(9) 'Emergency' means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property; the interruption of utility services; or repairs to transportation facilities that require immediate action.
(10) 'Emergency notice' means a communication to the utilities protection center to alert the involved facility owners or operators of the need to excavate due to an emergency that requires immediate excavation.
(6)(11) 'Excavating' means any operation by which the level or grade of land is changed or earth, rock, or other material below existing grade is moved and includes, without limitation, grading, trenching, digging, ditching, augering, scraping, directional boring, and pile driving. Such term, however, does not include routine road surface scraping maintenance. public road maintenance activities within the rights of way of a public road on the state highway system, the county road system, or the city street system. 'Excavating' shall not mean routine roadway

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maintenance activities carried out by employees of the Georgia Department of Transportation acting within the scope of their employment, provided such activities occur entirely within the right of way of a public road, street, or highway of the state; are carried out with reasonable care so as to protect any utility facilities placed in the right of way by permit; are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage features of a public road, street, or highway, and does not exceed 18 inches in depth below the grade existing prior to such activities; and, if involving the replacement of existing structures, replace such structures in their previous locations and at their previous depth.

(7)-'Gas' means any flammable gaseous matter and includes, but is not limited to, natural gas, manufactured gas, liquefied petroleum gas, and any material composed predominantly of any of the following hydrocarbons or mixtures of the same: methane, propane, propylene, butane, or butylene. The term 'gas' shall also include liquid petroleum products.
(12) 'Excavator' means any person engaged in excavating or blasting as defined in this Code section.
(13) 'Extraordinary circumstances' means circumstances other than normal operating conditions which exist and make it impractical or impossible for a facility owner or operator to comply with the provisions of this chapter. Such extraordinary circumstances may include, but shall not be limited to, hurricanes, tornadoes, floods, ice and snow, and acts of God.
(14) 'Facility owner or operator' means any person or entity who owns, operates, or controls the operation of a utility facility as defined in this Code section, for the purpose of commercial enterprise.
(15) 'Locate request' means a communication between an excavator and the utilities protection center in which a request for locating utility facilities is processed.
(8)(16) 'Mechanized excavating equipment' means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating, including, without limitation, bulldozers, backhoes, power shovels, scrapers, draglines, clamshells, augers, drills, and pile drivers.
(9)(17) 'Person' means an individual, firm, joint venture, partnership, association, municipality, state, or other governmental unit, authority, department, agency, or a corporation and shall include any trustee, receiver, assignee, employee, agent, or personal representative thereof. Such term, however, does not include and no provision of this chapter shall apply to any excavating done by a railroad when said excavating is made entirely on the land which the railroad owns or on which the railroad operates or, in the event of emergency, on adjacent land. Such term, however, also does not include and shall not apply to the Department of Transportation or its officers or employees when excavating, blasting, or operating mechanized excavating equipment anywhere within public road rights of way.
(10)-'Railroad' means all corporations, companies, or individuals owning or operating any railroad line or railroad company in this state.
(11)(18) 'Service area' means a contiguous area or territory which encompasses the underground distribution system or network of gas pipes or other underground utility facilities by means of which a utility facility owner or operator provides utility service.

(12)-'Transmission of gas' means the transmission or transportation of gas through the use of underground pipes or other facilities and includes, but is not limited to, the transportation or transmission of gas in interstate commerce pursuant to a certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission and the transmission or transportation of gas in intrastate commerce pursuant to a certificate of public convenience and necessity issued by the Public Service Commission.

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(19) 'Ticket Information Exchange System' means the automated information system to be installed and operated by the utilities protection center that will allow the excavator to determine locate ticket status from information provided by the facility owner or operator.
(20) 'Tolerance zone' means the width of the utility facility plus 24 inches on either side of the outside edge of the utility facility on a horizontal plane.
(13)(21) 'Utilities protection center' or 'center' means the corporation or other organization formed by utilities facility owners or operators to provide a joint telephone number notification service for the purpose of receiving advance notification from persons planning to blast or excavate and distributing such notifications to its affected utility facility owner or operator members.
(14)-'Utility' means any person operating or maintaining gas pipes or other underground utility facilities.
(15)(22) 'Utility facility' means underground mains, pipes, conduits, cables, ducts, wires, fiber optic or photonic lines, or other structures operated or maintained by utilities in connection with the storage, conveyance, distribution, or transmission of gas, electric energy, telephone or telegraphic, cable television or video communications, water, waste water, or sewage an underground or submerged conductor, pipe, or structure used in providing electric or communications service, or an underground or submerged pipe used in carrying, providing, or gathering gas, oil or oil products, sewage, waste water, storm drainage, water or other liquids, and appurtenances thereto. This does not include utility facilities owned by a homeowner for service at the homeowner's residence.
25-9-3.
Reserved.
25-9-4.
(a) Any person may submit a design locate request to the utilities protection center. Such design locate request shall:
(1) Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed and promulgated by the utilities protection center, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and
(2) State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection as provided in paragraph (3) of subsection (b) of this Code section.
(b) Within ten working days after a design locate request has been submitted to the utilities protection center for a proposed project, the facility owner or operator shall respond by one of the following methods:
(1) Designate in accordance with Code Section 25-9-9 the location of all utility facilities within the area of the proposed excavation;
(2) Provide to the person submitting the design locate request the best available description of all utility facilities in the area of proposed excavation, which might include drawings of utility facilities already built in the area, or other facility records that are maintained by the facility owner or operator; or
(3) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities within the proposed area of excavation.
25-9-4 25-9-5.

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(a) All utilities facility owners or operators operating or maintaining underground utility facilities within the state shall participate as members in and cooperate with the utilities protection center. No duplicative center shall be established. The activities of the center shall be funded by all utilities.
(b) The utilities protection center shall maintain a list showing the counties within which its participating utilities maintain gas pipes and other underground utility facilities. The center shall also maintain a list of the name, address, and telephone number of the office, department, or other source from or through which information respecting the location of gas pipes and other underground utility facilities of its participating utilities facility owners or operators may be obtained during business hours on business days.
25-9-5.
Reserved.
25-9-6.
(a) No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating, at least 72 hours prior to commencement of the work, has given 48 hours' notice by submitting a locate request to the utilities protection center, beginning the next business day after such notice is provided, excluding hours during days other than business days, has given actual notice to the utilities protection center, which notice. Any locate request received by the utilities protection center after business hours shall be deemed to have been received by the utilities protection center the next business day. Such locate request shall:
(1) Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity, as defined by policies developed and promulgated by the utilities protection center, to enable the utility facility owner or operator to ascertain the precise tract or parcel of land involved;
(2) State the name, address, and telephone number of the person who will engage in the blasting or excavating and state whether such person desires to be notified in the event there are no utility facilities present on the tract or parcel specified;
(3) Describe the type of blasting or excavating to be engaged in by the person; and
(4) Designate the date upon which the blasting or excavating will commence.
(b)-Whenever any blasting or excavating with mechanized excavating equipment is undertaken on a project on the public road system under contract with the Department of Transportation, the notice required under subsection (a) of this Code section shall be deemed to have been given for all utility facilities other than gas which are shown on the project plans and for which a notice of contract award and a notice of preconstruction conference have been mailed to the utility by the Department of Transportation. Nothing contained in this subsection shall be construed to relieve any person under contract with the Department of Transportation of the duties set forth in Code Section 25-9-8 as to all underground utility facilities.
(c)-In the event that the blasting or excavating work which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 17 days following the date of such notice, then no later than 14 days following such date of notice an additional notice must be given in accordance with subsection (a) of this Code section.
(b) In the event the location upon which the blasting or excavating is to take place cannot be described with sufficient particularity to enable the facility owner or operator to ascertain the precise tract or parcel involved, the person proposing the blasting or excavating shall mark the route or boundary of the site of the proposed blasting or excavating by means of white paint, white stakes, or white flags if practical, or schedule an on-site meeting with the locator or facility owner and inform the utility protection center, within a reasonable time, of the results of such meeting.

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(c) Except as otherwise provided in this subsection, notice given pursuant to subsection (a) of this Code section shall expire 21 calendar days following the date of such notice, and no blasting or excavating undertaken pursuant to this notice shall continue after such time has expired. In the event that the blasting or excavating which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 21 calendar days following the date of such notice, an additional notice must be given in accordance with subsection (a) of this Code section for the locate request to remain valid.
(d) Except for those persons submitting design locate requests, no person, including facility owners or operators, shall request marking of a site through the utilities protection center unless excavating is scheduled to commence. In addition, no person shall make repeated requests for re-marking, unless the repeated request is required for excavating to continue or due to circumstances not reasonably within the control of such person. Any person who willfully fails to comply with this subsection shall be strictly liable to the facility owner or operator for three times the cost of marking the utility facility, not to exceed $1,000.00.
(d)(e) If, subsequent to giving the notice to the utilities protection center required by subsection (a) of this Code section, a person planning excavating determines that such work will require blasting, then such person shall promptly so notify the utilities protection center and shall refrain from any blasting until the facility owner or operator responds within 24 hours, excluding hours during days other than business days, following receipt by the utilities protection center of such notice.
(f) When a locate request is made in accordance with subsection (a) of this Code section, excavators other than the person planning the blasting or excavating may conduct such activity, provided that the person planning the blasting or excavating shall remain responsible for ensuring that any stakes or other markings placed in accordance with this chapter remain in place and reasonably visible until such blasting or excavating is completed; and provided, further, that such blasting or excavating is:
(1) Performed on the tract or parcel of land identified in the locate request;
(2) Performed by a person authorized by and having a contractual relationship with the person planning the blasting or excavating;
(3) The type of blasting or excavating described in the locate request; and
(4) Carried out in accordance with all other requirements of this chapter.
25-9-7.
(a) Within 72 48 hours , excluding hours during days other than business days, beginning the next business day after the business day following receipt by the utilities protection center of actual notice the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each utility facility owner or operator shall stake or otherwise mark determine whether or not utility facilities are located on the tract or parcel of land upon which the excavating or blasting is to occur. If utility facilities are determined to be present, the facility owner or operator shall designate, through stakes or other marks on the surface of the tract or parcel of land, to indicate the location of gas pipes or other underground utility facilities. In the event of extraordinary circumstances, the facility owner or operator shall notify the utilities protection center as provided in subsection (c) of this Code section. Such markings designation of the location of utility facilities through staking or marking shall be in accordance with the following color code: American Public Works Association (APWA) color code in place at the time the location of the utility facility is designated.
(1)-Safety Red shall be used to mark electric power distribution and transmission facilities;
(2)-High Visibility Safety Yellow shall be used to mark gas and oil distribution and transmission facilities;
(3)-Safety Alert Orange shall be used to mark telephone, telegraph, cable television, video, and other telecommunications facilities;

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(4)-Safety Precaution Blue shall be used to mark water systems facilities; and
(5)-Safety Green shall be used to mark sewer systems facilities.
If the person planning the blasting or excavating has stated pursuant to paragraph (2) of subsection (a) of Code Section 25-9-6 that he desires to be notified in the event there are no utility facilities present on the tract or parcel specified, then each utility shall attempt to so notify such person by telephoning such person at the number furnished pursuant to paragraph (2) of subsection (a) of Code Section 25-9-6.
(b) Each facility owner or operator, either upon determining that no utility facility is present on the tract or parcel of land or upon completion of the designation of the location of any utility facilities on the tract or parcel of land as required by subsection (a) of this Code section, shall provide this information to the utilities protection center in accordance with procedures developed by the utilities protection center, and which may include the use of the Ticket Information Exchange System. In no event shall such notice be provided later than midnight of the second business day following receipt by the utilities protection center of actual notice filed in accordance with Code Section 25-9-6.
(c) In the event the facility owner or operator is unable to designate the location of the utility facilities due to extraordinary circumstances, the facility owner or operator shall notify the utilities protection center and provide an estimated completion date in accordance with procedures developed by the utilities protection center, which may include the use of the Ticket Information Exchange System.
(d) If, at the end of the time period specified in subsection (a) of this Code section, any facility owner or operator has not complied with the requirements of subsections (a) and (b) of this Code section, the utilities protection center shall issue a second request to each such facility owner or operator. If the facility owner or operator does not respond to this additional request by 12:00 Noon of that business day, either by notifying the utilities protection center in accordance with procedures developed by the utilities protection center that no utility facilities are present on the tract or parcel of land, or by designating the location of such utility facilities, then the person providing notice pursuant to Code Section 25-9-6 may proceed with the excavating or blasting, provided there is no visible and obvious evidence of the presence of an unmarked utility facility on the tract or parcel of land. Such person shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating, provided such person complies with the requirements of Code Section 25-9-8.
(e) All utility facilities installed by facility owners or operators on or after January 1, 2001, shall be installed in a manner which will make them locatable using a generally accepted electronic locating method by facility owners or operators.
(f) Facility owners or operators shall either maintain in a data base information concerning the location and other characteristics of abandoned utility facilities, maintain such abandoned utility facilities in a locatable manner, or remove such abandoned utility facilities. Facility owners or operators shall provide information on abandoned utility facilities, when possible, in response to a locate request or design locate request. When the presence of an abandoned facility within an excavation site is known, the facility owner or operator should attempt to locate and mark the abandoned facility, or provide information to the excavator regarding such facilities. When located or exposed, all abandoned utility facilities shall be treated as live utility facilities.
25-9-8.
(a) Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, or loosen, or remove lateral support from or around any gas pipe or other underground utility facility which has been staked or marked in accordance with this chapter; provided, however, that nothing in this chapter shall be construed or applied to limit or reduce the duty of a person engaged in blasting or excavating in the vicinity of gas pipes or other underground utility facilities, irrespective of whether the same have been staked or marked as provided in this chapter.
(b) When excavating or blasting is to take place within the tolerance zone, the excavator shall exercise such reasonable care as may be necessary for the protection of the utility facility. This protection shall include, but may not be limited to, hand digging, pot holing, soft digging, vacuum excavation methods, pneumatic hand tools, other

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mechanical methods with the approval of the facility owner or operator, or other generally accepted methods. For parallel type excavations, the existing facility shall be exposed at intervals as often as necessary to avoid damages.
(c) Any person engaged in blasting or in excavating with mechanized excavating equipment who strikes, damages, injures, or loosens any utility facility, regardless of whether the utility facility is marked, shall immediately cease such blasting or excavating and notify the utilities protection center and the appropriate facility owner or operator, if known. Upon receiving notice from the excavator or the utilities protection center, the facility owner or operator shall send personnel to the location as soon as possible to effect temporary or permanent repair of the damages. Until such time as the damage has been repaired, no person shall engage in excavating or blasting activities that may cause further damage to the utility facility except as provided in Code Section 25-9-12.
25-9-9.
(a) For the purposes of this chapter, information concerning the location of gas pipes and other underground utility facilities which is given provided by a utility facility owner or operator to any person must be accurate to within 24 inches measured horizontally from the outer edge of either side of such utility facilities. If any gas pipe or other underground utility facilities become facility becomes damaged by an excavator due to the furnishing of inaccurate information as to their location by the utility facility owner or operator, the liabilities imposed by this chapter shall not apply such excavator shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating provided such person complies with the requirements of Code Section 25-9-8 and there is no visible and obvious evidence to the excavator of the presence of a mismarked utility facility.
(b) Upon documented evidence that the person seeking information as to the location of gas pipes or other underground utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the utility facility owners or operators, the utility facility owners or operators shall be liable to that person for his any such losses or expenses .
25-9-10.
This chapter does not affect and is not intended to affect any right, title, power, or interest which any utility facility owner or operator may have with relation to any utility facility or to any easement, right of way, license, permit, or other interest in or with respect to the land on which the utility facility is located.
25-9-11.
This chapter does not affect and is not intended to affect any rights, powers, interest, or liability of the state or the Department of Transportation with respect to the state highway system, the county road system, or the municipal street system, or of a county with respect to the county road system or of a municipality with respect to the city street system, with relation to any gas pipe or other underground utility facility which is or may be installed within the limits of any public road or street right of way, whether the installation is by written or verbal permit, easement, or any form of agreement whatsoever.
25-9-12.
If an emergency arises which presents an immediate and substantial danger to life, health, or property or which requires the establishment or restoration of gas, electric, communication, rail, or other essential public services, it shall be lawful for the person who undertakes to prevent such danger to life, health, or property or who is responsible for the establishment or restoration of such gas, electric, communication, rail, or other essential public services to engage in blasting or in excavating with mechanized excavating equipment for such purpose without complying with Code Section 25-9-6, provided that, before commencing the same or as soon thereafter as is reasonably practicable, the person shall give notice thereof to any utility which the person, in the exercise of reasonable judgment, believes may have gas pipes or other underground utility facilities within such proximity as to be affected by the blasting or excavating with mechanized excavating equipment. The notice requirements provided by Code Section 25-9-6 shall not be required of persons performing emergency excavations or excavation in extraordinary circumstances; provided, however, any person who engages in an emergency excavation or excavation in extraordinary circumstances shall take all reasonable precautions to avoid or minimize damage to any existing

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utility facilities; provided, further, any person who engages in an emergency excavation or excavation in extraordinary circumstances shall give notice of the emergency excavation as soon as practical to the utilities protection center. In giving such notice, such person must specifically identify the dangerous condition involved. If it is later determined by the commission that the excavation did not qualify as an emergency excavation, all liabilities and penalties will accrue as if no notice had been given.
25-9-13.
(a) Any person who violates the requirements of Code Section 25-9-6 shall be guilty of a crime punishable by payment of a fine of $1,000.00 for the first offense and $3,000.00 for any subsequent offenses occurring within a 12 month period. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land he owns or leases.
(b)-Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages gas pipes or other underground utility facilities shall be strictly liable for:
(1) Any cost incurred by the utility facility owner or operator in repairing or replacing its damaged facilities; or and
(2) Any injury or damage to persons or property resulting from damaging the underground gas pipe or other utility facilities.
(b) Any such person shall also indemnify the affected utility facility owner or operator against all claims, if any, for personal injury, property damage, or service interruptions resulting from damaging the underground gas pipe or other utility facilities. Such obligation to indemnify shall not apply to any county, city, town, or state agency to the extent permitted by law.
(c) In addition to the other provisions of this Code section, a state examining board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 whenever such person violates the requirements of Code Section 25-9-6 or 25-9-8.
(d) Subsections (a), (b), and (c) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the utility facility owner or operator to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7 or has failed to become a member of the utilities protection center as required by Code Section 25-94 25-9-5.
(e) The commission shall enforce the provisions of this chapter. The commission may promulgate any rules and regulations necessary to implement the commission's authority to enforce this chapter.
(f)(1) The commission shall create an advisory committee consisting of representatives of the following groups and agencies: facility owner or operators; utilities protection center; excavators; municipalities; counties; Georgia Department of Transportation; Governor's Office of Consumer Affairs; and underground line locators. The advisory committee shall consist of one representative from each of the above groups and agencies, with the exception of facility owners or operators and excavators, which groups shall each have two representatives on the advisory committee. The commission chairperson or such chairperson's representative shall also serve on the advisory committee. Persons appointed to the advisory committee shall have expertise with the subject matter encompassed by the provisions of this chapter.
(2) The advisory committee shall assist the commission in the enforcement of this chapter, and shall perform duties to be assigned by the commission including, but not limited to, the review of reported violations of this chapter, and the preparation of recommendations to the commission as to the appropriate penalties to impose on persons violating the provisions of this chapter.

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(3) The members of the advisory committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in the performance of their duties while serving as members of such advisory committee, but only in the absence of willful misconduct.

(g) The commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000.00 for each violation, if it is proved that the person violated any of the provisions of this chapter, as a result of a failure to exercise reasonable care. Any proceeding or civil penalty undertaken pursuant to this Code section shall not prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action. Except as otherwise provided by law, this subsection shall not authorize the commission to impose civil penalties on any county, city, town, or state agency. The commission shall inform the counties, cities, towns, or state agencies of reports of alleged violations involving the county, city, town, or state agency and, at the request of the county, city, town, or state agency, suggest corrective action. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land such person owns or leases.

(h) All civil penalties collected pursuant to this Code section shall be deposited in the general fund of the state treasury."

SECTION 2.

This Act shall become effective on July 1, 2000.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 47, nays 0, and the 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 Y Brown 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 Hamrick Y Harbison
Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen
Madden Y Marable
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate
Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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HR 849. By Representatives Hembree of the 98th and Snelling of the 99th:

A resolution designating the Veterans Memorial Highway; and for other purposes.

Senate Sponsor: Senator Thompson of the 33rd.

Senators Thompson of the 33rd and Dean of the 31st offered the following amendment:

Amend HR 849 by adding a line 26 on page 1, the following sentence:

Now Therefore Be it Resolved that Ga. Highway '92' from Hiram Sudie Road to Ridge Road in Paulding County be designated the 'Travis Tritt Highway'.

And following that sentence, a new sentence to read:

Now Therefore Be it Resolved by the General Assembly that Akers Mill Road Bridge over I-75 in Cobb County be designated the Fred Bentley, Sr. Bridge.

On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown 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 Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue
Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

Senator Lee of the 29th introduced Betty Fagunder with the Downtown Developmental Authority of LaGrange, Jeff Lukin, Mayor of LaGrange, and "Skin" Edge III.

The President also recognized, former Minority Leader of the Senate, Arthur B." Skin" Edge, IV.

The Calendar was resumed.

Thursday, March 9, 2000

1237

HB 1358. By Representatives McBee of the 88th, Buck of the 135th, Porter of the 143rd and others:

A bill to be entitled an Act to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Technical and Adult Education and the director of University of Georgia Libraries and reports of state publications, so as to provide that any person or agency required to submit to the director of the University of Georgia Libraries copies of documents shall also submit such documents in electronic form if such is available; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Broun of the 46th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort
Gillis Y Gingrey
Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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.

HR 927. By Representatives Cox of the 105th, Westmoreland of the 104th, Benefield of the 96th and others:
Designating a portion of state route 54 in Fayette County as the "Paul Heard Highway"; and for other purposes.
Senate Sponsor: Senator Gingrey of the 37th.

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 Y Brown Y Brush

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith

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JOURNAL OF THE SENATE

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 Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 54, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1409. By Representatives Lane of the 146th, Morris of the 155th, Poag of the 6th and Stokes of the 92nd:

A bill to be entitled an Act to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to define a certain term; to provide that the Department of Natural Resources may issue permits to trap, transport and release, or kill wildlife under certain circumstances where such action is otherwise prohibited by law; to provide that the department shall specify such conditions upon such permits as the department deems necessary; to provide an exception; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Gillis of the 20th.

The Senate Natural Resources Committee offered the following substitute to HB 1409:

A BILL

To be entitled an Act to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to provide that the Department of Natural Resources may issue permits to trap, transport and release, or kill wildlife and feral hogs under certain circumstances where such action is otherwise prohibited by law; to provide that the department shall specify such conditions upon such permits as the department deems necessary; to provide an exception; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, is amended by inserting at the end thereof the following:

"27-2-31.

(a) The department is authorized to issue wildlife control permits authorizing the permittee to trap, transport and release, or kill wildlife and feral hogs where such action is otherwise prohibited by law or regulation:

(1) When the department determines that there is a substantial likelihood the presence of such wildlife or feral hogs will endanger or cause injury to persons or will destroy or damage agricultural crops, domestic animals, buildings, structures, or other personal property;

Thursday, March 9, 2000

1239

(2) For the control of white-tailed deer on airport property; provided, however, that permits shall be issued under this paragraph for purposes of public safety, and the control of white-tailed deer for other purposes and the removal of black bear shall be as provided in Code Sections 27-2-18 and 27-3-21, respectively;

(3) For fur-bearing animals, as defined in paragraph (31) of Code Section 27-1-2, to implement a bona fide wildlife management plan that has been approved by the department; and

(4) For feral hogs, provided that all permitted activities must comply with all rules and regulations of the Georgia Department of Agriculture.

(b) In issuing a wildlife control permit, the department shall prescribe the method, means, species, numbers, time limits, location, and any other conditions it deems necessary to ensure the continued viability of the wildlife population involved and to ensure that the public safety and interest are not compromised.

(c) Nothing in the Code section shall be construed to authorize the taking of any species which is protected by the federal Endangered Species Act of 1973, Public Law 93-205, as amended, or under any state law or regulation which has as its purpose the protection of endangered or threatened species."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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 Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R 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.

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JOURNAL OF THE SENATE

HB 1221. By Representatives Powell of the 23rd, Hanner of the 159th, Buck of the 135th and others:

A bill to be entitled an Act to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to authorize the owner or operator of a building containing four or more residential units to charge tenants separately for water service based upon usage; to provide that such an owner or operator shall not be considered the owner or operator of a public water system or a public utility; to limit the amount that such an owner or operator may charge tenants for water service and provide for disclosure of the terms of such charges; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Harbison of the 15th. The Senate Veterans and Consumer Affairs Committee offered the following amendment:

Amend HB 1221 by inserting "and waste-water" after the word "water" on lines 5, 9, 26, and 34 of page 1 and on lines 3 and 5 of page 2.

On the adoption of the amendment, the yeas were 47, nays 0, and the committee amendment was adopted.

Senator Lamutt of the 21st asked unanimous consent that he be excused from voting on HB 1221 pursuant to Senate Rule 175. The consent was granted.

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 Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd E Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill was taken up to consider House action thereto:

Thursday, March 9, 2000

1241

HB 1182. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:

A bill to be entitled an Act to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to repeal certain provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Walker of the 22nd moved that the Senate insist on its substitute to HB 1182.

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1182.

The Calendar was resumed. HB 1184. By Representatives Orrock of the 56th, Smith of the 109th, Martin of the 47th and others:

A bill to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change a provision relating to the presumed dependency of the husband or wife of a deceased employee; to authorize the Board of Workers' Compensation to approve a no-liability stipulated settlement between parties; to authorize agreements for lump sum settlements prorated over the life expectancy of the injured employee; to decrease from 60 days to 30 days the length of time in which a payor may make payment of medical charges; to allow income benefits to be paid by electronic funds transfer; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Golden of the 8th.

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 Y Brown
Brush Y Burton
Butler Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.
Senator Walker of the 22nd moved that, pursuant to SR 680, the Senate stand in recess until 6:00 p.m., then stand adjourned until 10:00 a.m., Monday, March 13, 2000. The President announced the motion prevailed at 12:24 p.m.

Monday, March 13, 2000

1243

Senate Chamber, Atlanta, Georgia Monday, March 13, 2000
Thirty-fifth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Starr of the 44th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1421.

By Representative Teague of the 58th: A bill to create the South Fulton Municipal Regional Water and Sewer Authority.

HB 1686.

By Representatives Stallings of the 100th and West of the 101st:
A bill to amend an Act entitled "An Act to provide a new Charter for the City of Mt. Zion," so as to change the jurisdictional limits of the municipal court.

HB 1687.

By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to amend an Act providing a new charter for the City of Douglasville, so as to provide for changes in appropriations.

HB 1689.

By Representative Smith of the 169th:
A bill to amend an Act providing a new charter for the City of Offerman, so as to change the provisions relating to the election and terms of office of the mayor and councilmembers.

HB 1690.

By Representatives Scarlett of the 174th and Tillman of the 173rd:
A bill to provide for a homestead exemption from certain Glynn County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead.

HB 1691.

By Representatives Scarlett of the 174th and Tillman of the 173rd:
A bill to provide for a homestead exemption from certain Glynn County 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 base year assessed value of such homestead.

1244

JOURNAL OF THE SENATE

The House has agreed to the Senate substitute to the following bill of the House:

HB 1286.

By Representatives Martin of the 145th, Parham of the 122nd, Parrish of the 144th and others:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive acts or practices in consumer transactions declared unlawful, so as to prohibit certain acts or practices concerning noninsurance discount cards for health care related goods or services.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 172.

By Representatives Coleman of the 142nd, Childers of the 13th, Sinkfield of the 57th and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services from the Department of Human Resources to the Department of Labor.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 435.

By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to be entitled an Act to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to change certain provisions relating to authority composition and appointment, terms and qualifications of members, filling of vacancies, election of officers, and quorum; to provide an effective date; to repeal conflicting laws.

SB 375.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th and Jackson of the 50th:
A bill to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change definitions and inspection and enforcement provisions relating to food sales establishments and food service establishments; to change the powers and duties of the Commissioner of Agriculture, the Department of Human Resources, and county boards of health; to repeal conflicting laws.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 267.

By Senators Hill of the 4th and Jackson of the 50th:
A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Firefighters' Pension Fund, so as to provide for creditable service for certain prior service; to provide conditions for an effective date and automatic repeal.

Monday, March 13, 2000

1245

SB 69.

By Senators Roberts of the 30th, Madden of the 47th, Hooks of the 14th and others:
A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to display of motor vehicle driver's license in lieu of bail, recognizance, or incarceration in certain cases, so as to change provisions specifying the cases in which such substitution is permissible; to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to provide for certain policy issuance, renewal, or replacement reporting requirements.

SB 318.

By Senators Hecht of the 34th, Starr of the 44th, Hooks of the 14th and others:
A bill to be entitled an Act to amend Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, so as to authorize that, in addition to blood samples, oral swabs or a sample obtained from a noninvasive procedure may be taken for DNA analysis to determine identification characteristics specific to the person; to provide that laws applicable to DNA analysis with respect to sex offenders shall apply to persons who are convicted of a felony to the extent funds are appropriated or otherwise available for such purposes; to change the provisions relating to expungement of a profile in the data bank upon reversal and dismissal of conviction; to repeal conflicting laws.

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:

SR 388.

By Senators Crotts of the 17th and Guhl of the 45th: A resolution honoring Bernie Bourdon and designating the Bernie Bourdon Memorial Bridge.

SR 403.

By Senator Hooks of the 14th: A resolution designating the Jonathan Jackson McCants Bridge.

SR 483.

By Senators James of the 35th, Butler of the 55th, Brown of the 26th and others: A resolution designating the James Wendell George Parkway.

SR 484.

By Senators James of the 35th, Tate of the 38th, Stokes of the 43rd and others: A resolution designating the James E. "Billy" McKinney Highway.

SR 515.

By Senator Hooks of the 14th: A resolution designating the Kennedy Bridge.

SR 541.

By Senators Tate of the 38th, Fort of the 39th, James of the 35th and others: A resolution des ignating the "Leroy Johnson-Fulton Industrial Boulevard".

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JOURNAL OF THE SENATE

SR 542.

By Senators Scott of the 36th, Tate of the 38th, Fort of the 39th and others: A resolution honoring Dr. Horace E. Tate and designating the Horace E. Tate Freeway.

The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

SR 472.

By Senator Thompson of the 33rd:

A resolution designating the Dewey D. Vaughn Memorial Bridge.

The following bills of the House were read the first time and referred to committee:

HB 1421. By Representative Teague of the 58th:

A bill to be entitled an Act to create the South Fulton Municipal Regional Water and Sewer Authority; to provide for a short title; to provide for legislative findings and intent; to provide for purposes and objectives; to provide for definitions; to provide for the authority members and their terms, qualifications, alternates, compensation, expenses, and vacancies; to provide for the organization, quorum, votes, bylaws, and meetings of the authority; to provide for the powers, duties, and limitations of the authority; to provide for the sale and transmission of water resources; to provide for the provision of services and facilities; to provide for procurement of goods and services and for contracts; to provide for all related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1686. By Representatives Stallings of the 100th and West of the 101st:

A bill to be entitled an Act to amend an Act entitled "An Act to provide a new Charter for the City of Mt. Zion," approved March 24, 1978 (Ga. L. 1978, p. 4171), so as to change the jurisdictional limits of the municipal court; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1687. By Representatives Snelling of the 99th and Hembree of the 98th:

A bill to be entitled an Act to amend an Act providing a new charter for the City of Douglasville, approved April 16, 1999 (Ga. L. 1999, p. 4559), so as to provide for changes in appropriations; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1689. By Representative Smith of the 169th:

A bill to be entitled an Act to amend an Act providing a new charter for the City of Offerman, approved April 2, 1996 (Ga. L. 1996, p. 3950), so as to change the provisions relating to the election and terms of office of the mayor and councilmembers; to provide for initial and regular terms of office; to provide for municipal elections; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1690. By Representative Scarlett of the 174th:

A bill to be entitled an Act to provide for a homestead exemption from certain Glynn County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed

Monday, March 13, 2000

1247

value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1691. By Representative Scarlett of the 174th:
A bill to be entitled an Act to provide for a homestead exemption from certain Glynn County 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 base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Ethics 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 1630. Do pass.

Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 567. HB 1178. HB 1186. HB 1210. HB 1247. HB 1403. HB 1469. HB 1565. HB 1567. HB 1582. HB 1583. HR 956.

Do pass. Do pass. Do pass by substitute. Do pass. Do pass. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass by substitute.

Respectfully submitted, Senator Dean of the 31st 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:

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JOURNAL OF THE SENATE

HB 1352. HB 1406. HB 1422. HB 1447. HB 1448.

Do pass. Do pass. Do pass as amended. Do pass by substitute. Do pass.

Respectfully submitted, Senator Stokes of the 43rd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 414. HB 415. HB 1157. HB 1425. HB 1365.

Do pass by substitute. Do pass by substitute. Do pass. Do pass by substitute. Do pass by substitute.

Respectfully submitted, Senator Kemp of the 3rd District, Chairman

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334

March 9, 2000

Dear Frank:

I will be away from the Capitol this afternoon when my Natural Resources Committee is scheduled to meet at 3:00. This is my formal authorization for Vice Chairman, Senator Rene' Kemp, to conduct the meeting in my absence.

Sincerely, /s/ Hugh M. Gillis, Sr.

The reading of committee reports was continued.

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1423. Do pass by substitute. HB 1465. Do pass.

Respectfully submitted, Senator Kemp of the 3rd District,Vice Chairman

Mr. President:

Monday, March 13, 2000

1249

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 853. Do pass. HB 1294. Do pass by substitute. HB 1540. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1557. HB 1460. HB 1163. HB 1164. HB 1451. HB 1472. HB 1501. HB 1502. HB 1506. HB 1542. HB 1505. HB 1563. HB 1621. HB 1612.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass by substitute.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

The Committee on Veterans and Consumer Affairs has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1229. Do pass. HR 1008. Do pass. HB 837. Do pass by substitute.

Respectfully submitted, Senator Harbison of the 15th District, Chairman

The following bills and resolutions were read the second time:

HB 1079 HB 1245 HB 1253 HB 1268 HB 1277

HB 1430 HB 1439 HB 1508 HR 847 SR 644

Senator Jackson of the 50th moved that Senator Smith of the 25th be excused. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Smith was excused.

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JOURNAL OF THE SENATE

Senator Perdue of the 18th moved that Senator Cable of the 27th be excused. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Cable was excused.

The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Broun Brown Burton Butler Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey

Golden Guhl Hamrick Harbison Hill Hooks Jackson James Johnson,E Ladd Lamutt Land Lee Madden Marable

M V Bremen Price,R Price,T Ragan Ray Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,R Thompson Williams

Those not answering were:

Brush Cable (excused) Hecht Huggins Kemp Perdue Polak Scott Smith (excused) Starr (presiding) Thomas, N. Walker

The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:

Senators:

Polak of the 42nd Huggins of the 53rd

The President assumed the Chair.

The members pledged allegiance to the flag.

Prayer was offered by Senator Meyer von Bremen of the 12th.

The following resolutions were read and adopted:

SR 700. By Senator Ray of the 48th:

A resolution commending Charles Campbell Bursi; for other purposes.

SR 701. By Senator Ray of the 48th:

A resolution commending Christopher Warren Hull; for other purposes.

Monday, March 13, 2000

1251

SR 702. By Senator Ray of the 48th: A resolution commending David Christopher Meyer; for other purposes.
SR 703. By Senator Ray of the 48th: A resolution commending Bruce William McPherson; for other purposes.
SR 704. By Senator Ray of the 48th: A resolution commending James Alexander Bursi; for other purposes
SR 705. By Senator Brush of the 24th: A resolution commending and congratulating Joni Moore; and for other purposes.
SR 706. By Senators Brush of the 24th and Cheeks of the 23rd: A resolution commending Jesse Elliott on becoming an Eagle Scout; and for other purposes.
SR 707. By Senators James of the 35th, Harbison of the 15th, Price of the 56th and others: A resolution proclaiming the Great American Meatout Day; and for other purposes.
SR 708. By Senators Thompson of the 33rd, Dean of the 31st, Marable of the 52nd and others: A resolution urging the United States Surface Transportation Board to carefully consider the potential effects of the proposed consolidation of the Burlington Northern Railroad and the Canadian National Railway upon the railroad industry in this state and the employees and customers thereof, particularly including the ports of this state; and for other purposes.
SR 709. By Senator Meyer von Bremen of the 12th: A resolution commending Dr. Laurence T. Crimmins; and for other purposes.
SR 710. By Senator Cheeks of the 23rd: A resolution honoring Mr. Ted Johnson; and for other purposes.
SR 744. By Senators Gillis of the 20th, Land of the 16th, Marable of the 52nd and Williams of the 6th: A resolution commending Mr. James Maurice Johnson; and for other purposes.
SR 745. By Senator Thomas of the 2nd: A resolution commending the A. E. Beach High School Lady Bulldogs; and for other purposes.
Senator Jackson of the 50th introduced the Towns County Lady Indians Basketball Team, commended by SR 660, adopted previously. Senator Ray of the 48th introduced the North Gwinnett High School Competitive Cheerleading Team, commended by SR 682, adopted previously. The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

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JOURNAL OF THE SENATE

SENATE LOCAL CONSENT CALENDAR

Monday, March 13, 2000

Thirty-fifth Legislative Day

(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1557

Blitch of the 7th

BERRIEN COUNTY

A bill to be entitled an Act to amend an Act creating the office of tax commissioner of Berrien County, approved July 3, 1931 (Ga. L. 1931, p. 390), as amended, so as to change the provisions relating to the compensation of the tax commissioner; to amend certain provisions relating to fees, commissions, costs, fines, emoluments, and perquisites; to provide that such fees, commissions, costs, fines, emoluments, and perquisites shall be funds belonging to Berrien County; to provide for an exception; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1460

Hill of the 4th

CITY OF STATESBORO

A bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Statesboro," approved March 26, 1987 (Ga. L. 1987, p. 4557), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3630), so as to change provisions relating to the terms of officers and to the filling of vacancies; to provide for a quorum; to provide for the administrative powers of the mayor; to provide for a city manager; to provide for administrative and service departments; to provide for boards, commissions, and authorities; to provide for the enactment of ordinances; to provide for a veto; to provide for the appointment of a temporary judge for the municipal court; to repeal conflicting laws; and for other purposes.

HB 1163

Hill of the 4th

EFFINGHAM COUNTY

A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to provide that the governing authority of Effingham County shall consist of six commissioners; and for other purposes.

HB 1164

Hill of the 4th

EFFINGHAM COUNTY

A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to provide for the employment of a clerk; and for other purposes.

HB 1451

Hill of the 4th

EFFINGHAM COUNTY

HB 1472 HB 1501 HB 1502 HB 1506

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A bill to be entitled an Act to amend an Act entitled "An Act to create the Effingham Family Connection," approved April 9, 1999 (Ga. L. 1999, p. 3922), so as to change provisions relating to a quorum; to provide that designees attending a meeting may vote with the authority of the designator; to repeal conflicting laws; and for other purposes.
Kemp of the 3rd
LONG COUNTY
A bill to be entitled an Act to amend an Act providing for the selection of the chief magistrate of the Magistrate Court of Long County, approved March 24, 1984 (Ga. L. 1984, p. 4696), so as to provide that the judge of the Probate Court of Long County shall also serve as the chief magistrate of the Magistrate Court of Long County; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to provide for vacancies; to repeal conflicting laws; and for other purposes.
Johnson of the 1st
CITY OF POOLER
A bill to be entitled an Act to provide for a homestead exemption from certain City of Pooler 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 base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the specific repeal of an Act approved April 12, 1999 (Ga. L. 1999, p. 4190); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Johnson of the 1st
CITY OF TYBEE
A bill to be entitled an Act to provide for a homestead exemption from certain City of Tybee Island ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the specific repeal of an Act approved April 12, 1999 (Ga. L. 1999, p. 4194); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Johnson of the 1st
CITY OF PORT WENTWORTH
A bill to be entitled an Act to provide for a homestead exemption from certain City of Port Wentworth ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the specific repeal of an Act approved April 12, 1999 (Ga. L.

1254 HB 1542 HB 1505 HB 1563
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JOURNAL OF THE SENATE
1999, p. 4198); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Harbison of the 15th Land of the 16th
CITY OF COLUMBUS
A bill to be entitled an Act to amend an Act providing for a new charter for the countywide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to change certain provisions regarding penalties for violations of ordinances; to repeal conflicting laws; and for other purposes.
Johnson of the 1st
CITY OF BLOOMINGDALE
A bill to be entitled an Act to provide for a homestead exemption from certain City of Bloomingdale 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 base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the specific repeal of an Act approved April 12, 1999 (Ga. L. 1999, p. 4203); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Harbison of the 15th Land of the 16th
MUSCOGEE COUNTY
A bill to be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, so as to change the maximum amount for which the superintendent of the board of education may make contracts; to change the maximum amount for which a purchase may be made without affording free competition; to provide that the superintendent of the board of education may in an emergency make certain contracts where the expenditure exceeds $10,000.00; to provide for rules and regulations; to provide a definition; to repeal conflicting laws; and for other purposes.
Hill of the 4th
BULLOCH COUNTY
A bill to be entitled an Act to amend an Act creating the board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved February 4, 1949 (Ga. L. 1949, p. 186) and by an Act approved April 6, 1992 (Ga. L. 1992, p. 5334), so as to change the compensation of the members of the board of commissioners; to provide for staggered terms for members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)

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HB 1612

Brown of the 26th

TWIGGS COUNTY

A bill to be entitled an Act to abolish the present mode of compensating the coroner and deputy coroner of Twiggs County, known as the fee system; to provide in lieu thereof an annual salary for the coroner and deputy coroner; to provide for annual cost-of-living increases in the salaries of such officers; to provide that all fees, costs, or other emoluments of said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)

HB 1511

Egan of the 40th Price of the 56th

CITY OF ROSWELL/FULTON COUNTY

A bill to be entitled an Act to reincorporate the City of Roswell in the County of Fulton; to create a new charter for said city; to prescribe and extend the present corporate limits of said city and annex and incorporate certain additional land to said municipality; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for the preservation of ordinances, bylaws, rules, and regulations; to provide for the officials of said city and their selection, oath, compensation, powers, duties, and terms of office; to provide for removal of elected officials and the filling of vacancies; to provide for the appointment of certain officers of the city; to provide for the fiscal administration of the city government; to repeal conflicting laws; and for other purposes.

The amendment and substitutes to the following bills were put upon their adoption: *HB 1621:

The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1621:

A BILL

To be entitled an Act to amend an Act creating the board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved February 4, 1949 (Ga. L. 1949, p. 186) and by an Act approved April 6, 1992 (Ga. L. 1992, p. 5334), so as to change the compensation of the members of the board of commissioners; to provide for staggered terms for members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating the board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved February 4, 1949 (Ga. L. 1949, p. 186) and by an Act approved April 6, 1992 (Ga. L. 1992, p. 5334), is amended by striking in its entirety subsection (a) of Section 2 and inserting a new subsection to read as follows: "
(a)(1) The annual salary of the chairperson of the board of commissioners shall be $20,000.00 per annum. The board is authorized to furnish an automobile to the chairperson for use on county business.

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(2) The annual salary of each other member of the board of commissioners shall be $7,500.00 per annum.
(3) The salaries prescribed in paragraphs (1) and (2) of this subsection shall be paid in equal monthly installments from funds of Bulloch County.
(4) The chairperson and other members of the board of commissioners shall serve as part-time officials."
SECTION 2.
Said Act is further amended by striking in its entirety Section 3 and inserting a new Section 3 to read as follows:
"SECTION 3.
For the term of office commencing on January 1, 2001, commissioner seats 1B, 2B, or 2D, shall be elected for twoyear terms and commissioner seats 1A, 2A, and 2C and the chairperson shall be elected for four-year terms. Thereafter, all seats and the chairperson shall be elected for four-year terms."
SECTION 3.
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 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Hill of the 4th offered the following amendment:
Amend the committee substitute to HB 1621 by striking from line 3 of page 2 "or 2D," and inserting in lieu thereof "and 2D".
On the adoption of the amendment, the yeas were 47, nays 0, and the Hill amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted as amended.
*HB 1612: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1612:
A BILL
To be entitled an Act to abolish the present mode of compensating the coroner and deputy coroner of Twiggs County, known as the fee system; to provide in lieu thereof an annual salary for the coroner and deputy coroner; to provide that all fees, costs, or other emoluments of said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The present mode of compensating the coroner and deputy coroner of Twiggs County, known as the fee system, is abolished, and in lieu thereof, an annual salary for each of such officers is prescribed as provided in this Act.
SECTION 2.

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(a) The coroner of Twiggs County shall receive an annual base salary in the amount of $12,300.00 payable in equal monthly installments from the funds of Twiggs County.

(b) The deputy coroner of Twiggs County shall receive an annual base salary in the amount of $4,900.00 payable in equal monthly installments from the funds of Twiggs County.

SECTION 3.
After the effective date of this Act, said coroner shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys and all other emoluments and perquisites formerly allowed the coroner as compensation for his or her services as coroner, and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received.

SECTION 4.

The necessary operating expenses of the coroner's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Twiggs County.

SECTION 5.

In addition to compensation provided for in Section 2 of this Act, the coroner shall be reimbursed for actual and necessary expenses, including expenses for lodging and meals, incurred by such officer in carrying out his or her official duties within and outside the county, but within the state, including attendance at seminars or training required pursuant to Code Section 45-16-66 of the O.C.G.A.; provided, however, that the coroner shall be required to submit to the board of commissioners of Twiggs County an itemized, verified account of any such expenses; and provided, further, that the coroner shall not be reimbursed more than $1,800.00 per annum for actual and necessary expenses incurred in carrying out his or her duties. When using his or her personal automobile in traveling on official business outside the county, the coroner shall be reimbursed for travel expenses at the legal mileage rate authorized under Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended. All expenses provided for in this section shall be paid from the funds of Twiggs County. Expenses provided for in this section are in addition to any operating expenses provided for in Section 4 of this Act.

SECTION 6. This Act shall become effective on January 1, 2001.

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown

Y Hamrick Y Harbison
Hecht Y Hill Y Hooks

Y Price,R Y Price,T Y Ragan Y Ray Y Scott

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Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Fort Y Gillis Y Gingrey Golden Y Guhl

Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable
Perdue Y Polak

E Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the local bills, the yeas were 47, nays 0.

The bills on the Local Consent Calendar, except HB 1621 and HB 1612, having received the requisite constitutional majority, were passed.

HB 1621 and HB 1612, having received the requisite constitutional majority, were passed by substitute.
The following uncontested resolutions of the Senate, favorably reported by the committee as listed on the General Consent Calendar for Commemorative Resolutions, were put upon their adoption:

GENERAL CONSENT CALENDAR FOR
COMMEMORATIVE RESOLUTIONS

Monday, March 13, 2000 THIRTY-FIFTH LEGISLATIVE DAY

SR 711 Maia E. Tomlinson-commend as Outstanding Scholar

SR 712 David Paul Vener-commend as Outstanding Scholar SR 713 Richard Nelson Knepp-commend as Outstanding Scholar

SR 714 James W. Ard-commend as Outstanding Scholar

SR 715 Ada Lee Kurtzweil-commend as Outstanding Scholar

SR 716 Laura E. Keegan-commend as Outstanding Scholar

SR 717 William F. Branan-commend as Outstanding Scholar

SR 718 Kevin S. Floyd-commend as Outstanding Scholar SR 719 Payal Manu Patel-commend as Outstanding Scholar

SR 720 Audrey Elizabeth Johnson-commend as Outstanding Scholar

SR 721 William Edward Tougaw-commend as Outstanding Scholar

SR 722 Chad Andrae-commend as Outstanding Scholar

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SR 723 Michael R. Oby-commend as Outstanding Scholar

SR 724 Radha Narayanhan-commend as Outstanding Scholar

SR 725 Rachel C. Jones-commend as Outstanding Scholar

SR 726 Ryan M. Kauffman-commend as Outstanding Scholar

SR 727 Jennifer Brooke Fagler-commend as Outstanding Scholar

SR 728 Candace N. Porter-commend as Outstanding Scholar

SR 729 Rinky Harish Dalal-commend as Outstanding Scholar

SR 730 Kimberly R. Lewis-commend as Outstanding Scholar

SR 731 Paula Fagerberg-commend as Outstanding Scholar

SR 732 Olivia Marie Dates-commend as Outstanding Scholar

SR 733 Kyle Burton Wingfield-commend as Outstanding Scholar

SR 734 Jodie Jean Rayl-commend as Outstanding Scholar

SR 735 Deitrah Nadine Lairsey-commend as Outstanding Scholar

SR 736 Brenda W. Crooms-commend as Outstanding Scholar

SR 737 Bliss Immanuel Khaw-commend as Outstanding Scholar

SR 738 Michelle L. Gladman-commend as Outstanding Scholar

SR 739 Richard E. Solbrig-commend as Outstanding Scholar

SR 740 Adam Lee Henderson-commend as Outstanding Scholar

SR 741 Pamela Corn Slappey-commend as Outstanding Scholar

SR 742 Robert Joel Bush-commend as Outstanding Scholar

SR 743 Jessica Tharpe-commend as Outstanding Scholar

On the adoption of the resolutions on the General Consent Calendar for Commemorative Resolutions, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle

Y Hamrick Y Harbison
Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp

Y Price,R Y Price,T Y Ragan
Ray Y Scott E Smith
Starr Y Stephens Y Stokes Y Streat

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Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolutions, the yeas were 48, nays 0.

The resolutions on the General Consent Calendar for Commemorative Resolutions, having received the requisite constitutional majority, were adopted.

Senator Thomas of the 2nd introduced the A. E. Beach High School Lady Bulldogs, commended by SR 745, adopted previously.

Senator Stokes of the 43rd introduced the doctor of the day, Dr. James Bennett.

Senator Meyer von Bremen of the 12th introduced Dr. Laurence T. Crimmins, commended by SR 709, adopted previously.

SENATE RULES CALENDAR

Monday, March 13, 2000 THIRTY-FIFTH LEGISLATIVE DAY

HB 1346 Civil Litigation Improvement Act of 2000; enact (Judy-12th) Martin-47th

HB 1362 Flint River Drought Protection Act; enact (Nat R-12th) Royal-164th HB 393 Sheriffs' Retirement; spousal death; increase benefit (Ret-51st) Buck-135th

HB 453 Judges of the Probate Courts Retirement; senior judge; right of benefit (Ret-55th) Jenkins-110th

HB 1026 Community trusts; death of life beneficiary; distribution of proceeds (Judy-12th) Reichert-126th

HB 1046 Judicial Retirement; certain transfer of membership to Employees Retirement System (Ret-41st) Smith-109th

HB 1089 Judges of the Probate Courts Retirement; membership dues (Ret-25th) Jenkins-110th

HB 1142 Vidalia onions; trademark; royalty (Substitute) (Ag-6th) Reaves-178th

HB 1205 Development authorities; dissolution; devolution of assets (F&PU-31st) Murphy-18th

HB 1214 PeachCare for Kids; health care; eligibility provisions (H&HS-22nd) Channell-111th

HB 1231 Financial institutions; amend provisions (B&FI-37th) Parrish-144th
HB 1306 HOPE scholarships; redefine eligible high school (Substitute) (H Ed-15th) Davis -132nd (ENGROSSED IN HOUSE)

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HB 1321 Local governments; uniform chart of accounts; certain waiver (F&PU-31st) Royal-164th
HB 1452 Income tax; corporations; depository financial institutions (F&PU-44th) Parrish-144th (ENGROSSED IN HOUSE)
HB 1364 Motor vehicles; security interest; perfection by delivery (F&PU-1st) Powell-23rd
HB 1509 Income tax credits; less developed areas; amend provisions (F&PU-33rd) Smith-175th (ENGROSSED IN HOUSE/SENATE)
HB 1510 Sales tax; exempt certain mfgrs; machinery, computer equipment, clean rooms (F&PU-33rd) Smith-175th (ENGROSSED IN HOUSE/SENATE)
HB 1314 Personnel administration; establish state-wide guidelines (Approp-22nd) Holmes-53rd

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 1346. By Representatives Martin of the 47th, Bordeaux of the 151st, Allen of the 117th and others:

A bill to be entitled an Act to enact the "Civil Litigation Improvement Act of 2000"; to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to supersedeas in civil cases and supersedeas bonds, so as to provide a maximum amount for a supersedeas bond for the punitive damages portion of a civil judgment; to provide for exceptions; to amend Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to venue regarding business corporations, so as to change venue provisions relating to corporations; to provide for transfer of certain cases upon motion by a party; to provide for the burden of proof; to provide for findings of the trial court required to transfer a case; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Meyer von Bremen of the 12th.

Senators Williams of the 6th, Lee of the 29th, Price of the 56th and Johnson of the 1st offered the following amendment:

Amend HB 1346 by striking from lines 15 through 20 of page 1 the following:

"to amend Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to venue regarding business corporations, so as to change venue provisions relating to corporations; to provide for removal of certain cases; to provide for related matters;".

By striking in its entirety Section 4 beginning on line 30 of page 2 and continuing through line 11 of page 4.

By renumbering Sections 5 and 6 on page 4 as Sections 4 and 5, respectively.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour Y Blitch N Bowen N Broun

Y Hamrick N Harbison N Hecht N Hill

Y Price,R Y Price,T N Ragan N Ray

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N Brown Y Brush Y Burton N Butler E Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey Y Golden Y Guhl

N Hooks N Huggins N Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt N Land Y Lee N M V Bremen Y Madden N Marable Y Perdue N Polak

Y Scott E Smith N Starr N Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 22, nays 32, and the Williams, et al. amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour N Blitch Y Bowen Y Broun Y Brown N Brush N Burton Y Butler E Cable N Cagle Y Cheeks Y Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey N Golden N Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt Y Land N Lee Y M V Bremen N Madden Y Marable N Perdue Y Polak

N Price,R N Price,T Y Ragan Y Ray Y Scott E Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 34, nays 20.

The bill, having received the requisite constitutional majority, was passed.

At 12:10 p.m., the President announced that the Senate would stand in recess until 1:30 p.m.

At 1:34 p.m., Senator Starr of the 44th, President Pro Tempore, called the Senate to order.

The Calendar was resumed.

Monday, March 13, 2000

1263

HB 1362. By Representatives Royal of the 164th, Hanner of the 159th, McCall of the 90th and others:

A bill to be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to enact the "Flint River Drought Protection Act"; to define certain terms; to provide that the Board of Natural Resources shall establish a drought protection program for the Flint River basin; to provide that the board may contract with the Georgia Environmental Facilities Authority; to amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Environmental Facilities Authority, so as to provide that such authority may contract with the Board of Natural Resources for certain matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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 Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks E Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan N Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate
Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 393.

By Representatives Buck of the 135th, Hanner of the 159th, Skipper of the 137th and Coleman of the 142nd:

A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase a retirement benefit; to provide that where a member has chosen a spouses' survival option and the spouse predeceases the member, the member's retirement benefit shall increase to the level it would have been had the member not elected a spouses' survival option; and for other purposes.

Senate Sponsor: Senator Stephens of the 51st.

The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214

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Atlanta, Georgia 30334-8400

July 7 ,1999

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Suite 402 Atlanta, Georgia 30334

SUBJECT:

State Auditor's Certification House Bill 393 (Substitute)(LC 21 5643S)

Dear Chairman Cummings:

This bill would amend provisions relating to the Sheriff's Retirement Fund. The bill would increase monthly membership dues and increase monthly benefit payments. The bill would also reduce the number of retirement benefit disbursement options. Further, this bill would provide that where a member has chosen a spouses' survival option, and the spouse predeceases the member, the member's benefit would increase to the level it would have been had the member not elected a spouses' survival option.

This is to certify that this retirement bill is a fiscal bill as defined in the Public Retirement Systems Standards Law. Sincerely,

/s /Russell W. Hinton State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

January 12, 2000

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Suite 402 Atlanta, Georgia 30334

SUBJECT:

State Auditor's Certification House Bill 393 (Substitute)(LC 21 5712S)

Dear Chairman Cummings:

This substitute bill would amend provisions relating to the Sheriff's Retirement Fund. The bill would increase monthly membership dues and increase monthly benefit payments. The bill would also reduce the number of retirement benefit disbursement options. Further, this bill would provide that where a member has chosen a spouses' survival option, and the spouse predeceases the member, the member's benefit would increase to the level it would have been had the member not elected a spouses' survival option.

This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. The actuarial investigation for LC 21 5643S would also apply to LC 21 5712S.

Sincerely,

/s /Russell W. Hinton State Auditor

Monday, March 13, 2000

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Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 29, 1999

Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT:

Actuarial Investigation House Bill 393 (LC 21 5643S) Sheriffs' Retirement Fund of Georgia

Dear Chairman Cummings:

This bill would increase the monthly dues paid by members of the Sheriffs' Retirement Fund of Georgia from $37.50 to $45.00. In addition, this bill would increase the benefits paid to retired members. If this legislation is enacted, retired members receiving benefits under "Option One" would receive a monthly benefit of $380 plus an additional $95 for each year of creditable service beyond four years, provided no monthly benefit exceeds $2,850. Currently, such members are paid a monthly benefit of $320 plus an additional $80 for each year of creditable service beyond four years. Furthermore, this bill would allow retired members who elected spouses benefits to receive the maximum benefits in the event the spouse predeceases the member. If the member subsequently remarries, the member may once again elect spouses benefits.

The first year cost of this legislation would be $974,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This cost includes $280,000 each year for the next 20 years to amortize the unfunded actuarial accrued liability for active members, $582,000 each year for the next 10 years to amortize the unfunded actuarial accrued liability for inactive members, and $126,000 each year to fund the normal cost. If this legislation is enacted, the Fund would generate an additional $14,000 each year from the increase in member dues. Although this bill would increase costs to the Fund, the employer contribution would not increase since the funds currently generated from member dues, fines, bond forfeitures and fees are sufficient to cover the cost of this legislation. The estimated cost is based on member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs would be paid through fines and bond forfeitures and through fees collected from civil actions.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1)

The amount of the unfunded actuarial accrued liability which will

result from the bill.

(2)

The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

(3)

The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

(4)

The amount of the annual normal cost which will result from the bill.

$ 7,738,000 $ 862,000
*

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(5)

The employer contribution rate currently in effect.

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 112,000** fines, bond forfeitures, and fees fines, bond forfeitures, and fees
$ 0***

*

According to the Fund's actuary, the portion of the unfunded actuarial accrued liability which

affects active members would be amortized over 20 years. The portion which affects inactive

members would be amortized over 10 years.

**

The normal cost reported in the table above includes the normal cost of $126,000, as reported by

the actuary, less the estimated $14,000 additional revenue that will be generated from the increase

in member dues.

*** Although this bill would increase the cost to the Fund by $974,000 in the first year, the employer contribution would not increase. Currently, funds generated from member dues, fines, bond forfeitures, and fees are sufficient to cover the current costs and the cost of this legislation.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks E Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable

Y Price,R Y Price,T E Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker

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1267

Y Golden Y Guhl

Y Perdue Polak

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 453. By Representatives Jenkins of the 110th and Smith of the 109th:

A bill to amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that service as a senior judge of the probate court shall not affect a member's ability to receive a benefit under such retirement fund; and for other purposes.

Senate Sponsor: Senator Butler of the 55th.

The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
July 7, 1999

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 453 (Substitute) (LC 21 5623S)
Dear Chairman Cummings:
This bill would amend provisions relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund. Currently, senior judges of the probate court are not eligible to receive benefits from this fund when they are called into service. This bill would provide that service as a senior judge of the probate court shall not affect a member's ability to receive benefits from the Judges of the Probate Court Retirement Fund.
This is to certify that this retirement bill is a fiscal bill as defined in the Public Retirement Systems Standards Law.

Sincerely,
/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 29, 1999

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Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT:

Actuarial Investigation House Bill 453 (LC 21 5623S) Judges of the Probate Courts Retirement Fund

Dear Chairman Cummings:

This bill would amend provisions relating to eligibility for benefits under the Judges of the Probate Courts Retirement Fund. Specifically, this bill would authorize retired members of the Fund who serve as a senior judge of the probate court to continue receiving their retirement benefits.

This bill would not result in any additional cost to the Judges of the Probate Courts Retirement Fund. There would be no additional cost since cost calculations for the Fund do not currently include estimates for persons who may discontinue receiving benefits because they become reemployed as a judge. There would be no increase in the unfunded actuarial accrued liability or the required employer contribution. The estimated cost is based on current member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs associated with this bill would be paid through a portion of fees, fines, and bond forfeitures.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

(4)

The amount of the annual normal cost which will result from the bill.

(5)

The employer contribution rate currently in effect.

(6)

The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

$0
$0
N/A
$0
20% of all fees collected for marriage licenses and a portion of fines and bond forfeitures
20% of all fees collected for marriage licenses and a portion of fines and bond forfeitures

Monday, March 13, 2000

1269

(7)

The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks E Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable
Perdue Polak

Y Price,R Y Price,T E Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1026. By Representative Reichert of the 126th:

A bill to amend Code Section 30-10-6 of the Official Code of Georgia Annotated, relating to qualification of community trusts, documents, life beneficiaries, trustees, and related matters, so as to specify the distribution of any proceeds remaining in any such trust at the time of the life beneficiary's death; and for other purposes.

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:

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Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks E Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T E Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 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.

Senator Kemp of the 3rd asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused.

The Calendar was resumed.

HB 1046. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that certain members of the Georgia Judicial Retirement System may elect to transfer membership to the Employees' Retirement System of Georgia; and for other purposes.

Senate Sponsor: Senator Ladd of the 41st.

The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
March 16, 1999

The Honorable Larry Smith State Representative State Capitol, Suite 401 Atlanta, Georgia 30334

SUBJECT:

State Auditor's Certification House Bill 1046 (LC 21 5543)

Dear Representative Smith:

Monday, March 13, 2000

1271

This bill would amend provisions relating to membership in the Employees' Retirement System. Any member of the District Attorney's Retirement System who becomes employed in a position covered by the Employees' Retirement System would be eligible to transfer his or her membership to the Employees' Retirement System. Members would also be eligible to receive creditable service based on the amount paid to the Employees' Retirement System.
Any member of the District Attorney's Retirement System who was previously a member of the Employees' Retirement System would be eligible to transfer membership back to the Employees' Retirement System. Members would be required to notify the board of trustees of both systems no later than December 31, 2000. The District Attorney's Retirement System would be required to transfer to the Employees' Retirement System an amount equal to all employee and employer contributions paid on a member's behalf plus any applicable interest.
This is to certify that this retirement bill is a fiscal bill as defined in the Public Retirement Systems Standards Law.

Sincerely,
/s/ Claude L. Vickers State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 29, 1999

Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT:

Actuarial Investigation House Bill 1046 (LC 21 5543) Georgia Judicial Retirement System Employees' Retirement System

Dear Chairman Cummings:

This bill would amend the provisions relating to membership in the Employees' Retirement System. Specifically, certain members of the Georgia Judicial Retirement System who were previously members of the Employees' Retirement System may elect to transfer their membership back to the Employees' Retirement System. Upon notification by the member, the Georgia Judicial Retirement System would transfer all employer and employee contributions, with interest, to the Employees' Retirement System. Those persons transferring their membership would receive creditable service based on the amount paid to the Employees' Retirement System.

The cost of this legislation to the Georgia Judicial Retirement System would be negligible, amounting to less that $1,000 in the first year, in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This legislation would not result in any increase in the employer contribution rate or the unfunded actuarial accrued liability. The results of the investigation are based on current employee data, actuarial assumptions and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs resulting from this bill would be paid through state appropriations.

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This bill would not result in any additional cost to the Employees' Retirement System since the amount of creditable service granted to any person who transfers their membership from the Judicial Retirement System to the Employees' Retirement System is limited to the amount funded by their contributions. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability as a result of this legislation. The results of the investigation are based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs resulting from this bill would be paid through state appropriations.

The following is a summary of the relevant findings of the actuarial investigations for this bill pursuant to a request by the House Retirement Committee. The investigations were to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

Georgia Judicial Retirement System (1) The amount of the unfunded actuarial accrued liability which will result from the bill. (2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill. (3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized. (4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity with
minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$0 $0
N/A Less than $ 1,000 4.62%
4.62%
$0

Employees' Retirement System

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

(2)

The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

(3)

The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

(4)

The amount of the annual normal cost which will result from the bill.

(5)

The employer contribution rate currently in effect.

(6)

The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(7)

The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$0 $0
N/A $0
14.50%
14.50%
$0

Monday, March 13, 2000

1273

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,
/s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton
Butler E Cable Y Cagle Y Cheeks E Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee E M V Bremen
Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T E Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Butler of the 55th asked unanimous consent that Senator Jackson of the 50th be excused. The consent was granted, and Senator Jackson was excused.

The Calendar was resumed. HB 1089. By Representative Jenkins of the 110th:

A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that membership dues shall be due on a certain date; to provide that membership dues shall not be required after payment for 20 years; and for other purposes.

Senate Sponsor: Senator Smith of the 25th. The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts

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The Honorable Curtis Jenkins State Representative State Capitol, Suite 401 Atlanta, Georgia 30334

254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 February 9, 1999
SUBJECT: State Auditor's Certification House Bill 1089 (LC 21 5308)

Dear Representative Jenkins:
This bill would amend provisions relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia. This bill would require membership dues to be paid by the twentieth day of each month. This bill would also call for the suspension of members who are 90 days in arrears of payment of dues and fees. Further, the bill would provide that dues not be required for members that have earned 20 years of creditable service.
This is to certify that this retirement bill is a fiscal bill as defined in the Public Retirement Systems Standards Law.

Sincerely,
/s/ Claude L. Vickers State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 29, 1999

Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT:

Actuarial Investigation House Bill 1089 (LC 21 5308) Judges of the Probate Courts Retirement Fund

Dear Chairman Cummings:

This bill would amend provisions relating to member dues under the Judges of the Probate Courts Retirement Fund. Specifically, this bill would allow members to discontinue paying member dues after they have paid such dues for a period of 20 years. This bill would also require all persons applying for membership in the Fund to pay $105 per month for each month of past service being sought. Since persons have up to 12 months to apply for membership into the Fund once they become eligible, past service may be requested for this time. Currently, such persons pay 5% of their monthly earnings for each month of prior service being requested. Furthermore, this bill revises

Monday, March 13, 2000

1275

provisions relating to payments in arrears so that members shall not receive service credit for any month in which an arrearage exists in the payment of dues. Also, any member who is in arrears for a period of 90 days shall be suspended from membership.
The first year cost of this legislation would be $32,760 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This is the cost required each year to fund the normal cost. According to information obtained from the actuary, current revenues generated by the Fund are sufficient to cover the cost of this bill. Therefore, if this legislation is enacted, the required employer contribution would not increase, provided this was the only bill affecting the Fund to be enacted. The estimated cost is based on current member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs associated with this bill would be paid through a portion of fees, fines, and bond forfeitures.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

(7)

The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$0
$0
N/A
$ 32,760 20% of all fees collected for marriage licenses and a portion of fines and bond forfeitures 20% of all fees collected for marriage licenses and a portion of fines and bond forfeitures
$ 0*

*

This bill would increase the cost to the Fund by $32,760 in the first year. However, the required

employer contribution would not increase since the current revenues generated by the Fund are

sufficient to cover the cost of this bill, provided, however, this was the only bill affecting the

Judges of the Probate Courts Retirement Fund to be enacted. If other bills affecting the Fund are

also passed into law, the aggregate effect of all bills passed would need to be analyzed to

determine if current employer contributions are sufficient.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

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JOURNAL OF THE SENATE

Sincerely,
/s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks E Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins E Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen
Madden Y Marable Y Perdue
Polak

Y Price,R Y Price,T E Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1142. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:

A bill to be entitled an Act to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to authorize the Commissioner of Agriculture to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of Vidalia onions and products containing Vidalia onions; to provide for royalty or license fees and the dedication and use thereof; to provide for the powers and duties of the Commissioner; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Williams of the 6th.

The Senate Agriculture Committee offered the following substitute to HB 1142:

A BILL

To be entitled an Act to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to authorize the Commissioner of Agriculture to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of Vidalia onions and products containing Vidalia onions; to provide for royalty or license fees and the dedication and use thereof; to provide for the powers and duties of the Commissioner; to repeal conflicting laws; and for other purposes.

Monday, March 13, 2000

1277

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," is amended by adding a new Code Section 2-14-132.1 to read as follows:

"2-14-132.1.

The Commissioner of Agriculture is authorized to take all actions necessary and appropriate to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of Vidalia onions and products containing Vidalia onions. The Commissioner is authorized to impose and collect a royalty or license fee for the use of such trademark on products containing Vidalia onions or the packaging containing such onion products. Such royalty and license fee shall not exceed 0.5 (cents) for each six ounces, or portion thereof, of product in connection with all products with which such trademark is used. Funds derived from such royalties and license fees shall be retained by the Commissioner and shall be used to promote Vidalia onions and to pay costs associated with monitoring the use of such trademark, prohibiting the unlawful or unauthorized use of the trademark, and enforcing rights in the trademark."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks E Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins E Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen
Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T E Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y 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 by substitute.

Senator Huggins of the 53rd asked unanimous consent that Senator Streat of the 19th be excused. The consent was granted, and Senator Streat was excused.

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JOURNAL OF THE SENATE

The Calendar was resumed.

HB 1205. By Representative Murphy of the 18th:

A bill to be entitled an Act to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," so as to provide that development authorities may be dissolved by action of the parent governments so long as the authority to be dissolved does not have any outstanding unpaid bonds or bond anticipation notes; to provide for devolution of assets and debts and rights and obligations to the parent governments; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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 Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins E Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen
Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T E Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes E Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1214. By Representatives Channell of the 111th, Coleman of the 142nd, Parrish of the 144th and others:
A bill to be entitled an Act to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, creating the PeachCare for Kids Program, so as to change the provisions relating to eligibility; to provide for Department of Education and local boards of education cooperation and assistance with regard to the program; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Walker of the 22nd.

The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

Monday, March 13, 2000

1279

The Honorable Mickey Channell State Representative Legislative Office Building, Room 508 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1214 (LC 11 9954)
Dear Representative Channell:
This bill would allow families with income below 235 percent of the federal poverty level to receive health care benefits for their children from the PeachCare for Kids Program. Currently only children in families with income below 200 percent of the federal poverty level are eligible for benefits from the PeachCare program. The Department of Education would assist the PeachCare for Kids Program in identifying and enrolling eligible children in the program.
This bill would have an estimated fiscal impact to the State of $2.7 million in the first year, $4.4 million in the second year, and $4.9 million in the third year. The fiscal impact could continue to increase in subsequent years.
It is estimated that 11,000 additional children would receive health care coverage under the PeachCare for Kids Program in the first year after this bill is enacted. The cost to cover these additional children would be approximately $10 million per year. The State would be responsible for about 27% of this cost. The remaining 73% would be paid by the federal government.
Because of increases in the population of Georgia and the discovery of additional children who are eligible for the PeachCare program, it is estimated that this bill would cost approximately $16.0 million in the second year and approximately $17.6 million in the third year. The cost to the State for years two and three would be approximately $4.4 million and $4.9 million respectively. These estimates assume an annual population growth rate of 2%. The cost of this bill could continue to increase in subsequent years as more eligible children receive benefits and as the population of Georgia grows. The cost estimates in this fiscal note have been reduced by premiums expected to be collected from the families of these children.
It should be noted that the Department of Education does not expect to incur any additional costs for its role in identifying and enrolling children in the PeachCare program.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Bill Tomlinson, Director Office of Planning and Budget

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 Y Brown
Brush Y Burton

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS)

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Y Butler E Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Stephens Y Stokes E Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
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 1231. By Representatives Parrish of the 144th, Stallings of the 100th, Ragas of the 64th and others:

A bill to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change certain definitions; to change certain notice requirements for a merger when a party is a failed or failing bank; to allow the Department of Banking and Finance to modify certain qualifying or limiting requirements imposed by this chapter; to expand certain operating powers of banks and trust companies; to allow a bank to own or lease certain real property; to allow a bank to elect to use the federal limits on obligations of one person or corporation instead of the state limits; to change provisions relating to transacting business in securities by banks; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Gingrey of the 37th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown
Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen
Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes E Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

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On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1306. By Representatives Davis of the 132nd, Jamieson of the 22nd, Taylor of the 134th and others: A bill to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Harbison of the 15th.
The Senate Higher Education Committee offered the following substitute to HB 1306: A BILL
To be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; to thereby change conditions of eligibility for HOPE scholarships and grants; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.
Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, is amended by striking in its entirety paragraph (6) and inserting in lieu thereof a new paragraph (6) to read as follows: "(6) 'Eligible high school' means a public or private secondary school which is:
(A) Located in Georgia and accredited as such by:
(i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission;
(iii) The Georgia Association of Christian Schools; or
(iv) The Association of Christian Schools International; or
(v) The Georgia Private School Accreditation Council; or (B) Located in another state and accredited by one of the following regional agencies:
(i) The Southern Association of Colleges and Schools;
(ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools;
(iv) The North Central Association of Colleges and Schools;
(v) The Northwestern Association of Schools and Colleges; or

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(vi) The Western Association of Schools and Colleges.; or

(vii) The Alabama Independent School Association."

SECTION 2.

This Act shall become effective on July 1, 2000. SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 39, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes E Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1321. By Representatives Royal of the 164th and Shanahan of the 10th:

A bill to be entitled an Act to amend Code Section 36-81-3 of the Official Code of Georgia Annotated, relating to fiscal years of local governments, so as to extend the time period in which the Department of Community Affairs and local governments shall be required to adopt and use certain initial uniform charts of accounts; to provide an effective date; to repeal conflicting laws; and for other purposes.

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:

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N Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue
Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes E Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R
Thompson Y 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 1452. By Representatives Parrish of the 144th, Buck of the 135th, Hanner of the 159th and others:

A bill to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income taxation of corporations; to provide for an income tax credit with respect to the amount of certain taxes paid by depository financial institutions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to change certain provisions regarding local business license tax on depository financial institutions; to change certain provisions regarding the special state occupation tax on depository financial institutions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Starr of the 44th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown
Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks Y Crotts Y Dean

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr (PRS) Y Stephens Y Stokes E Streat
Tanksley Y Tate Y Thomas,D

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Y Egan Fort
Y Gillis Y Gingrey Y Golden Y Guhl

Y Lee Y M V Bremen Y Madden Y Marable Y Perdue
Polak

Thomas,N Y Thomas,R
Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Scott of the 36th introduced Dr. Joseph Roberts, pastor of Ebenezer Baptist Church of Atlanta, Georgia.

The Calendar was resumed.

HB 1364. By Representatives Powell of the 23rd and Parham of the 122nd:

A bill to be entitled an Act to amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles generally, so as to provide for perfection by delivery of notice; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Johnson of the 1st.

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 Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Harbison
Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue
Polak

Y Price,R Y Price,T
Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes E Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed. The President assumed the Chair.

Monday, March 13, 2000

1285

HB 1509. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:

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, and computation of state income taxes, so as to revise and change certain provisions regarding income tax credits for businesses located in certain counties designated as less developed areas; to provide for certain additional tax credits; to revise and change certain provisions regarding income tax credits and optional income tax credits for existing manufacturing and telecommunications facilities or manufacturing and telecommunications support facilities in tier 3 counties; to revise and change certain provisions regarding alternative income tax credits for base port traffic increases; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Thompson of the 33rd.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

February 22, 2000

The Honorable Thomas B. Buck, III, Chairman. House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

SUBJECT:

Fiscal Note House Bill 1509 (LC 18 0237-EC)

Dear Chairman Buck:

This Bill would modify the basis, county distribution, amount, qualification, and manner of realization of Georgia's present job tax credits. In ranking counties for inclusion in tiers, the average weekly manufacturing wage would be dropped and the three remaining factors (percent unemployed, per capita income, percent in poverty) would be combined with equal weighting. In county groupings, four tiers would replace the present three. Instead of 53 counties per tier, the membership of tiers 1, 2, 3, and 4 would be 71, 35, 35, and 18 counties respectively. The annual job tax credits, presently at $2,500, $1,500, and $500 in successive tiers would be boosted to $3,500, $2,500, $1,250 and $750 respectively for each new job maintained in years 2 through 6 following creation. To qualify for the credit, 5, 10, and 25 jobs presently must be created in tiers 1, 2, and 3. Under the Bill, the minimum levels of job creation would be 5, 10, 15, and 25 additional workers in tiers 1, 2, 3, and 4. For new jobs to qualify, a wage requirement would be added. The average wage of new jobs in tier 1 would have to be above the average wage of the county where the jobs were located. In tiers 2, 3, and 4, the average wage of the new jobs would have to be at least 105, 110, and 115 percent of the county's all-industry average. Additionally, for new jobs to be eligible for credits, an employer would have to make health insurance available to new workers on the same terms as for other employees. The Bill would make a significant change in the way job tax credits could be redeemed. Presently, a business enterprise realizes its job tax credit by offsetting in any year up to 50 percent of its Georgia income tax liability. Amounts not used can be carried forward for possible application against income tax liabilities for as many as 10 later years. Under the proposal, employers in tiers 3 and 4 would be subject to the same rules for realization of credits as presently but those in tiers 1 and 2 would no longer face the 50-percent-of-tax limitation. Moreover, in tier 1, employers whose credit total exceeded their tax liability would be able to use the excess credits to offset dollar-for-dollar the payments which otherwise would be due the State under the income tax withholding law. Such a release from payment would not affect the withholding credits earned by employees and, for the employer, would not constitute taxable income. The level and realization rules for job tax credits would also be changed for areas made up of 10 or more contiguous census tracts which had been designated as less developed by the commissioner of community affairs. Instead of $2,500 annually in job tax credits, employers adding jobs would qualify for $3,500 per new hire. To the extent such credits exceeded 50 percent of the employer's tax liability, the employer could take

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the excess as reductions in the withholding payments which otherwise would be made to the State. A similar realization method is included in the Bill for a new category of job tax credits linked to the establishment of a headquarters in Georgia. A taxpayer who spent a minimum of $1 million on construction, renovation, or leasing in connection with establishment or relocation of a headquarters and then, at least one year later, employed 100 or more new full-time workers could claim a job tax credit of $2,500 per job. To qualify, however, the average wage of the new jobs would have to be at least 100, 105, 110, or 115 percent of the average wage of the county of location in tier 1, 2, 3, or 4. If the average wage of the new employees were 200 percent or more of the average wage in the county, the jobs tax credit would rise to $5,000. For either level of credit, the taxpayer with newly established headquarters could apply any excess of aggregated credits above tax liability against the withholding payments otherwise due the State. The job tax credits would apply for five years. The Bill would become effective on January 1, 2001.
In order to estimate the fiscal impact of the Bill, a scheme of influence of job tax credits on revenues has had to be adopted. In a basic approach, the job tax credit could be redeemed only to the extent that new jobs added to an employer's income tax liability. The added income tax liability would then fix the credit's cost. On the positive side, the new jobs would generate added revenues for the State through taxes on workers' income and spending and on secondary tax liabilities which resulted. Given labor's typical impact on the generation of income and the 6 percent maximum income tax rate on net taxable income, the negative impact would most likely be overcome by the positive impact. The State's revenues would probably increase. The basic scheme has to be adjusted to suit the existing structure of credits. The State's cost of job tax credits goes beyond the increased business tax liability tied to production by added workers. In spite of the restriction to 50 percent of taxes due, the credits reach to the tax liabilities of a business which have been generated apart from and prior to the addition of new workers. Whatever the amount of the credit which comes to be utilized, there is of course still the same positive influence arising from taxes on new workers' income and spending and on secondary flows that arise. In all, for a given dollar level of credits, the net impact on the State's revenues under the current structure is reduced below what it would be under the basic scheme. A likelihood of net loss replaces that of net gain. Under the Bill, in turn, the limitation on credit redemption is further eased by allowing realization via payments otherwise headed to the State under employee withholding. Also, in tiers 1 and 2, the 50 percent limitation on tax offset is removed. Compared to the impact of the existing pattern of job tax credits, the fiscal impact of the Bill will then depend, on the negative side, on potential increases in cost linked to the raised amounts of the credits and on the increased opportunities for taxpayers to realize increased proportions of their credits. On the positive side, the fiscal impact will depend on the raised taxes and fees coming from new workers whose wages would be higher and whose spending levels would be increased. The model used to assess the fiscal impact of the Bill builds in the essence of these separate forces. It is applied to 50 percent-or-higher random samples of counties in each of the four tiers. First, a relationship is determined between the deviations in employment in manufacturing from a 5-year moving average and deviations in productivity in manufacturing from a corresponding 5-year moving average. When the job tax credit is added to the average manufacturing wage in a county, a proxy for a productivity deviation is obtained. Using that deviation and the mentioned relationship, an estimate of credit-induced new jobs results. When this induced increase is added to that which a 5-year moving average of employment in credit-covered industries foretells for year 2001, the total number of jobs qualifying for the credit in each county of each tier can be derived. Furthermore, with credits known, costs to the State county-by-county can be derived by assuming that businesses will manage a full realization of credits either through application to tax liabilities tied to new and prior employments or through utilization of the reduced pay-in option involving withholding monies. At the same time, with new jobs and average wages known, the direct and indirect contribution of new jobs to the State's income and other taxes can be gauged. By comparing the latter increases in revenues going to the State with the former increases in costs which the credits impose, the county-by-county impact of the job tax credits of the Bill is approximated. By performing the same calculations using the parameters of the current structure of job tax credits, a basis for comparison of the impact of the Bill with that of the current structure is afforded. When the impacts across all counties are cumulated, the net fiscal impact of the Bill on the State's revenues in 2001 emerges.
In tax-year 2001, the outlined methodology indicates that the job tax credit of the Bill would induce the creation of more jobs than the current structure, would attract more expanding businesses to participate, and would invite utilization of credits by more businesses who have little or no tax liability. At the same time, higher taxes and fees would flow to the State directly and indirectly from new workers with average wages above county averages. On balance, compared to the net impact on State revenues of the current credits scheme, the Bill could be expected to lower the State's revenues in tax-year 2001 by roughly $35 million. In return, however, the stimulus to activity in

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the new first tier probably would be twice as strong as it is presently and growth in the least buoyant half of the state should be markedly promoted.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Bill Tomlinson, Director Office of Planning and Budget

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 Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes E Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R
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.

HB 1510. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and Buck of the 135th:

A bill to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to clarify that the exemption regarding certain components of machinery used directly in the manufacture of tangible personal property extends only to machinery components purchased to upgrade such machinery; to provide for a phased-in exemption from sales and use tax for certain repair or replacement parts, molds or replacement molds, dies or replacement dies, and tooling or replacement tooling; to provide for an exemption with respect to certain sales or leases of computer equipment to certain high-technology companies; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Thompson of the 33rd.

The following Fiscal Note, as required by law, was read by the Secretary:

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Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 22, 2000
The Honorable Thomas B. Buck, III, Chairman. House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1510 (LC 18 0240-EC)
Dear Chairman Buck:
This Bill would exempt from the sales and use tax the sales of repair or replacement parts, molds or replacement molds, dies or replacement dies, and tooling or replacement tooling used directly in the manufacture of tangible personal property in an existing manufacturing plant. For sales of molds, dies, or tools, the exemption would be limited to items whose sales price is no more than $150,000. For sales of any of these items, the proposed exemption would be phased in such that 20, 40, 60, 80 and 100 percent of the eligible sales price would become exempt on January 1st of 2001, 2002, 2003, 2004, and 2005 respectively. In addition to the manufacturing exemptions, the Bill would exempt the sale or lease of computer equipment to businesses who manufacture semiconductors and related devices, who provide telephone and telegraph communications, who provide computer programming and design services, and who provide data processing services. The exemption would apply only if the sale or lease exceeded $15 million in a calendar year. Finally, the Bill would exempt sales of machinery, equipment, and materials incorporated into and used in the construction or operation of clean rooms used directly in the manufacture of tangible personal property. The exemptions for sales of computer equipment and clean room elements would become effective on January 1, 2001.
The fiscal impact of the Bill has been assessed through separate treatment of the proposed exemptions. In the case of repair parts, industry-wide linkages between shipments of manufacturers and expenditures for repairs as reported to the Internal Revenue Service have been used to gain estimates of repair outlays for Georgia-specific manufacturers over the period 1990-1996. Projecting repair outlays to 2001 through 2005 then affords a means for determining the sales tax offset occasioned by the exemption. Each 20 percent of exemption, it is estimated, would reduce sales tax flows to the State by about $10.2 million. For molds, dies, and tooling, national industry data has again been drawn from industry-specific tax reports and allocated to Georgia on the basis of linkages between employments in industry segments in the state and the nation. While the results are approximate, a 20 percent annual exemption for this group of purchases could be expected to reduce revenues flowing to the State by about $0.6 million. For computers, the amount which businesses of different sizes spend on new equipment has been aligned with the total expenditure for computers reported for 1995-1998 for businesses across the nation. The sizes of Georgia businesses in the high-tech industry group which would qualify for the exemption have then been ascertained and the eligible sales have been limited to those of businesses large enough to spend over $15 million on new equipment in a calendar year. In view of a reported useful life of business computers of 3 to 4 years, only onethird of the high-tech companies large enough to make the $15 million dollar purchase has been assumed to do so in a given year. In 2001, the amount of reduction in sales tax flowing to the State would likely be about $9.4 million. No data reliable enough to make an estimate of the exemption of clean room sales has been uncovered.
In 2001, the exemption of the Bill could be expected to reduce the flow of sales and use taxes to the State by about $20.2 million. Because of the phase-in on repair parts, molds, dies, and tooling, the revenue offset would of course climb year by year through 2005. For computer equipment sales, a continuing pattern of annual price decline, while stimulating sales, would keep the growth in the revenue loss from the exemption from rising at more than 8 to 10 percent per year.
Sincerely,

Monday, March 13, 2000

1289

/s/ Russell W. Hinton State Auditor
/s/ Bill Tomlinson, Director Office of Planning and Budget

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 Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks
Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes E Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R
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.

HB 1314. By Representatives Holmes of the 53rd, Hudson of the 120th and Watson of the 70th:

A bill to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to specify the General Assembly's intent; to change the functions of the state merit system; to provide that each agency shall develop an annual work force plan according to state-wide criteria and guidelines; to change definitions; to provide for participation of unclassified employees in certain programs; to provide for uniformity in the accrual and usage of leave by employees in the classified and unclassified service; to provide for consistency in the state's performance management system; to change the method of personnel evaluations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Walker of the 22nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen

Y Hamrick Y Harbison Y Hecht

Y Price,R Y Price,T Y Ragan

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Y Broun Y Brown Y Brush Y Burton Y Butler E Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Ray Y Scott Y Smith
Starr Stephens Y Stokes E Streat Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y 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.

Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 3:33 p.m.

Tuesday, March 14, 2000

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Senate Chamber, Atlanta, Georgia Tuesday, March 14, 2000
Thirty-sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
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 1688.

By Representative Smith of the 169th:
A bill to amend an Act creating a Board of Commissioners of Pierce County, so as to change the compensation for the chairperson.

HB 1696.

By Representatives DeLoach of the 172nd, Mosley of the 171st and Barnard of the 154th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," so as to change the corporate limits of said city.

HB 1698.

By Representatives Howard of the 118th, Williams of the 114th, Allen of the 117th and others: A bill to create the Augusta-Richmond County Water Authority.

HB 1699.

By Representative Borders of the 177th: A bill to provide a new charter for the City of Remerton.

HB 1700.

By Representative Channell of the 111th:
A bill to amend an Act creating the Board of Commissioners of Oglethorpe County, so as to change the compensation of the chairperson of the board.

HB 1702.

By Representative Dukes of the 161st:
A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to reapportion the education districts in said county.

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HB 1707.

By Representatives Walker of the 141st, James of the 140th, Ray of the 128th 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 in Houston and Peach counties into the city.

HB 1708.

By Representatives Cox of the 105th and Westmoreland of the 104th:
A bill to transfer the intake and probation services of the Juvenile Court of Fayette County to the state-wide juvenile and intake services funded by the Department of Juvenile Justice.

HB 1710.

By Representatives Evans of the 28th and Reese of the 85th:
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 exempt 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.

HB 1714.

By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th:
A bill to amend an Act providing for the election of the members of the board of education of Columbia County, so as to provide for an increase in the compensation of such members.

HB 1665.

By Representatives Mueller of the 152nd, Stephens of the 150th and Day of the 153rd:
A bill to provide for a homestead exemption from certain City of Vernonburg ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

HB 1666.

By Representative Smith of the 169th:
A bill to provide for a homestead exemption from certain Pierce County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

HB 1670.

By Representative Smith of the 169th:
A bill to provide for a homestead exemption from certain Pierce County 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 base year assessed value of such homestead.

HB 1675.

By Representatives Mueller of the 152nd, Day of the 153rd and Stephens of the 150th:
A bill to provide for a homestead exemption from certain City of Vernonburg ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

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HB 1705.

By Representatives Smith of the 12th, Childers of the 13th and Reece of the 11th:
A bill to provide a homestead exemption from Floyd County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of that homestead for certain residents of that county.

HB 1709.

By Representatives Evans of the 28th and Reese of the 85th:
A bill to provide a homestead exemption from all Forsyth County school district ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district.

SB 453.

By Senator Smith of the 25th:
A bill to be entitled an Act to provide a homestead exemption from Morgan County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over after a five-year phase-in period; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws.

SB 455.

By Senator Smith of the 25th:
A bill to be entitled an Act to provide a homestead exemption from Morgan County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over after a fiveyear phase-in period; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws.

SB 333.

By Senators Madden of the 47th and Gillis of the 20th:
A bill to be entitled an Act to amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, so as to remove a prohibition on examinations for Class IV operators and laboratory analysts; to repeal conflicting laws.

SB 393.

By Senators Gillis of the 20th, Broun of the 46th and Crotts of the 17th:
A bill to be entitled an Act to amend Code Section 12-2-6 of the O.C.G.A., relating to the authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, volunteer services, cooperation with other government entities and civic organizations, and related matters, so as to authorize the commissioner of natural resources to accept volunteer services from individuals for the promotion of boating safety and hunter and boating safety programs; to authorize the Department of Natural Resources to participate with private groups to advertise and promote any activities related to the objectives, powers, duties, and responsibilities of the department that make efficient use of funds appropriated for advertising; to repeal conflicting laws.

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SB 400.

By Senators Starr of the 44th, Streat of the 19th and Lee of the 29th:
A bill to be entitled an Act to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to redefine the term "enterprise"; to thereby change provisions relating to the scope of operations of the authority; to change provisions relating to the period of time during which the authority may issue certain bonds and notes; to provide for related matters; to repeal conflicting laws.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 292.

By Senators Ray of the 48th and Balfour of the 9th:
A bill to be entitled an Act to provide for a homestead exemption fro m certain Gwinnett County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws.

SB 389.

By Senator Gillis of the 20th:
A bill to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to provide that persons 14 and 15 years of age may operate any type of vessel in the waters of the state under certain conditions; to change certain provisions relating to muffling internal combustion engines on vessels; to repeal conflicting laws.

SB 290.

By Senators Hecht of the 34th, Thompson of the 33rd and Starr of the 44th:
A bill to be entitled an Act to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, so as to enact the "Georgia Mentoring Act of 2000"; to make legislative findings; to authorize the office of the Governor to develop and implement a state-wide strategy to provide academic support and guidance to students through mentors; to authorize the office of the Governor to award grants to local school systems to administer academic volunteer and mentor service programs; to provide for the use of such funds; to provide for the contents of applications for such grants; to provide for awards for outstanding academic mentors; to provide for reports to the General Assembly; to repeal conflicting laws.

SB 316.

By Senators Meyer von Bremen of the 12th, Hecht of the 34th, Lee of the 29th and others:
A bill to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of wiretapping, eavesdropping, surveillance, and related offenses, so as to revise and clarify provisions relating to such crimes; to provide more specifically for violations involving the use of cameras and photographic and video equipment; to change the definition of the term "device" as used in said part; to change provisions relating to unlawful observation, photographing, and recording of another in a private place; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws.

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SB 407.

By Senators Hecht of the 34th, Scott of the 36th, Kemp of the 3rd and others:
A bill to be entitled an Act to be known as the "Georgia Protection of Elder Persons and Disabled Adults Act of 2000"; to amend Chapters 5, 6, 8, and 9 of Title 16 of the O.C.G.A., relating respectively to crimes against the person, sexual offenses, theft, and forgery and fraudulent practices; Chapters 3 and 8 of Title 17 of the O.C.G.A., relating respectively to limitations on prosecution and trial; Chapter 3 of Title 24 of the O.C.G.A., relating to hearsay; Chapters 1 and 5 of Title 30 of the O.C.G.A., relating respectively to general provisions relative to handicapped persons and protection of disabled adults and elder persons, so as to provide for increased penalties for certain crimes committed against elder persons and certain disabled adults; to repeal conflicting laws.

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:

SR 502.

By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th:
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 Chatham County, Georgia; authorizing the conveyance of certain state owned real property in Coffee 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 Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Houston County, Georgia; to repeal conflicting laws.

SR 503.

By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th:
A resolution authorizing the conveyances of certain state owned parcels of real property located in Chatham County, Georgia; authorizing the extension of a lease of certain state owned real property located in Fulton County, Georgia; authorizing the exchange of certain state owned parcels of real property located in Dawson, Lumpkin, Union and Gilmer Counties, Georgia; to repeal conflicting laws.

The House has agreed to the Senate amendments to the following bills of the House:

HB 114.

By Representatives Mueller of the 152nd, Manning of the 32nd, Stancil of the 16th and others:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that alternative school programs shall be subject to the same mandatory education and attendance requirements as public schools.

HB 1262.

By Representatives Martin of the 47th and Allen of the 117th:
A bill to amend of the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended.

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HB 1527.

By Representatives Ehrhart of the 36th, Wiles of the 34th, Grindley of the 35th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the supplement to be paid to each of the judges of the superior court of said circuit.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 1409.

By Representatives Lane of the 146th, Morris of the 155th, Poag of the 6th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to define a certain term; to provide that the Department of Natural Resources may issue permits to trap, transport and release, or kill wildlife under certain circumstances where such action is otherwise prohibited by law.

HB 1192.

By Representatives Wix of the 33rd and Benefield of the 96th:
A bill to amend Code Section 48-10-11 of the Official Code of Georgia Annotated, relating to the prohibition of the operation of two-axle trailers of four or more wheels without certain brakes, so as to provide for an exception for certain trailers and semitrailers.

HB 1158.

By Representatives Jenkins of the 110th, Stuckey of the 67th, Murphy of the 18th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for appointment as senior judges certain judges of probate courts; to provide that any judge of a probate court may serve as an assisting judge in any other probate court upon the request of the judge of the requesting court.

The House has agreed to the Senate amendment to the following resolution of the House:

HR 849.

By Representatives Hembree of the 98th and Snelling of the 99th: A resolution designating the Veterans Memorial Highway.

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 1182.

By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:
A bill to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to repeal certain provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources.

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The Speaker has appointed on the part of the House, Representatives Reaves of the 178th, Purcell of the 147th and Floyd of the 138th.
The following bills of the Senate were introduced, read the first time and referred to committee:
SB 539. By Senator Stephens of the 51st:
A bill to be entitled an Act to amend an Act creating a board of commissioners of Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824), so as to change the compensation of the chairperson of the board of commissioners; to provide for cost-of-living adjustments and longevity increases; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
SB 540. By Senator Lee of the 29th:
A bill to be entitled an Act to provide for a homestead exemption from certain Meriwether County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to the current owner; to provide for a homestead exemption from certain Meriwether County School District ad valorem taxes for educational purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
The following bills of the House were read the first time and referred to committee:
HB 1665. By Representatives Mueller of the 152nd, Stephens of the 150th and Day of the 153rd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Vernonburg 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 base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the specific repeal of an Act approved April 12, 1999 (Ga. L. 1999, p. 4207); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1666. By Representative Smith of the 169th:
A bill to provide for a homestead exemption from certain Pierce County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1670. By Representative Smith of the 169th:
A bill to provide for a homestead exemption from certain Pierce County 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 base year assessed value of such homestead; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

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HB 1675. By Representatives Mueller of the 152nd, Day of the 153rd and Stephens of the 150th:
A bill to provide for a homestead exemption from certain City of Vernonburg ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1688. By Representative Smith of the 169th:
A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4189), so as to change the compensation for the chairperson; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1696. By Representatives DeLoach of the 172nd, Mosley of the 171st and Barnard of the 154th:
A bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1698. By Representatives Howard of the 118th, Williams of the 114th, Allen of the 117th and Anderson of the 116th:
A bill to be entitled an Act to create the Augusta-Richmond County Water Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; powers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1699. By Representative Borders of the 177th:
A bill to be entitled an Act to provide a new charter for the City of Remerton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1700. By Representative Channell of the 111th:

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1299

A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Oglethorpe County, approved February 13, 1986 (Ga. L. 1986, p. 3586), as amended, particularly by an Act approved February 1, 1989 (Ga. L. 1989, p. 3505), so as to change the compensation of the chairperson of the board; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1702. By Representative Dukes of the 161st:
A bill to be entitled an Act to amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3917), so as to reapportion the education districts in said county; to provide for submission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1705. By Representatives Smith of the 12th, Childers of the 13th and Reece of the 11th:
A bill to be entitled an Act to provide a homestead exemption from Floyd County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of that homestead for certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1707. By Representatives Walker of the 141st, James of the 140th, Ray of the 128th and Floyd of the 138th:
A bill to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, approved March 29, 1983 (Ga. L. 1983, p. 4386), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4112), so as to change the corporate limits of the City of Perry by annexing certain territory in Houston and Peach counties into the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1708. By Representatives Cox of the 105th and Westmoreland of the 104th:
A bill to be entitled an Act to transfer the intake and probation services of the Juvenile Court of Fayette County to the state-wide juvenile and intake services funded by the Department of Juvenile Justice; to provide for a transfer of employees; to provide for the approval of such transfer; to provide for a contingent applicability date; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1709. By Representatives Evans of the 28th and Reese of the 85th:
A bill to be entitled an Act to provide a homestead exemption from all Forsyth County school district ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

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HB 1710. By Representatives Evans of the 28th and Reese of the 85th:

A bill to be entitled an Act to amend an Act creating and establishing a civil service system in Forsyth County for the employees of Forsyth County, approved March 13, 1978 (Ga. L. 1978, p. 3576), as amended, particularly by an Act approved April 28, 1999 (Ga. L. 1999, p. 4925), so as to exempt 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; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

HB 1714. By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th:

A bill to be entitled an Act to amend an Act providing for the election of the members of the board of education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4564), so as to provide for an increase in the compensation of such members; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Banking and Financial Institutions has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 257. Do pass. HB 1594. Do pass. HB 1257. Do pass. HB 1389. Do pass by substitute.

Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

Mr. President:

The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1135. Do pass. HB 1197. Do pass. HR 1011. Do pass by substitute.

Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1308. Do pass. HB 550. Do pass.

Respectfully submitted,

Tuesday, March 14, 2000

1301

Senator Marable of the 52nd District, Chairman

Mr. President:

The Committee on Finance and Public Utilities 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 222. Do pass. HB 939. Do pass. HB 1236. Do pass. HB 1265. Do pass. HB 1383. Do pass by substitute. HB 1419. Do pass. HB 1450. Do pass by substitute. HB 1457. Do pass. HB 1531. Do pass. HB 1532. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Health and Human Services 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 1234. Do pass. HB 1335. Do pass. HR 851. Do pass. HR 1079. Do pass. HB 814. Do pass by substitute.

Respectfully submitted, Senator Stokes of the 43rd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 182. Do pass by substitute. HB 1133. Do pass as amended. HB 1284. Do pass by substitute. HB 1300. Do pass by substitute. HB 304. Do pass by substitute. HB 1097. Do pass. HB 1388. Do pass. HB 1574. Do pass. HR 971. Do pass.

Respectfully submitted, Senator Kemp of the 3rd District, Chairman

Mr. President:

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The Committee on Natural Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1373. Do pass. HB 1562. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1392. Do pass. HB 1534. Do pass.

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 543. Do pass. HB 767. Do pass. HB 772. Do pass. HB 859. Do pass. HB 1285. Do pass.

Respectfully submitted, Senator Huggins of the 53rd District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1271. Do pass. HB 1539. Do pass. HB 1575. Do pass. HB 1580. Do pass. HB 1648. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

HB 1097 HB 1133 HB 1135 HB 1157 HB 1178

HB 1448 HB 1450 HB 1457 HB 1465 HB 1469

Tuesday, March 14, 2000

HB 1186 HB 1197 HB 1210 HB 1229 HB 1234 HB 1236 HB 1247 HB 1257 HB 1265 HB 1284 HB 1285 HB 1294 HB 1300 HB 1308 HB 1335 HB 1352 HB 1365 HB 1373 HB 1383 HB 1388 HB 1389 HB 1392 HB 1403 HB 1406 HB 1419 HB 1422 HB 1423 HB 1425 HB 1447

HB 1531 HB 1532 HB 1534 HB 1540 HB 1562 HB 1565 HB 1567 HB 1574 HB 1582 HB 1583 HB 1594 HB 1630 HB 182 HB 304 HB 543 HB 567 HB 767 HB 772 HB 814 HB 837 HB 853 HB 859 HB 939 HR 1008 HR 1011 HR 1079 HR 851 HR 956 HR 971

The roll was called and the following Senators answered to their names:

Balfour Blitch Bowen Broun Brown Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden

Guhl Hamrick Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Ladd Lamutt Land Lee Madden Marable M V Bremen Perdue

Those not answering were:

Kemp Scott Tate

Polak Price,R Price,T Ragan Ray Smith Starr Stephens Stokes Streat Tanksley Thomas,D Thomas,N Thomas,R Thompson Walker Williams

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The following member was off the floor of the Senate when the roll was called and wishes to be recorded as present: Senator Tate of the 38th. The members pledged allegiance to the flag. Prayer was offered by Reverend D. Craig Rikard, pastor of Park Avenue Methodist Church, Valdosta, Georgia. The following resolutions were read and adopted: SR 746. By Senator Stephens of the 51st:
A resolution recognizing the Fannin County Recreation Department 11 and 12 year old girls basketball team; and for other purposes. SR 747. By Senator Brown of the 26th: A resolution commending the Wilkinson County High School Warriors Basketball Team; and for other purposes. SR 748. By Senator Thomas of the 2nd: A resolution commending and congratulating the Savannah Arts Academy's Silver Winds Ensemble; and for other purposes. SR 749. By Senator Price of the 56th: A resolution commending Chad J. Hepler; and for other purposes. SR 750. By Senator Price of the 56th: A resolution commending Christopher Glenn Hayes; and for other purposes. SR 751. By Senator Meyer von Bremen of the 12th: A resolution commending Deerfield Windsor School Lady Knights basketball team; and for other purposes. SR 752. By Senators Stokes of the 43rd, Thomas of the 10th and Butler of the 55th: A resolution commending Reverend Michael D. Woods; and for other purposes. SR 753. By Senators Stokes of the 43rd, Thomas of the 10th and Butler of the 55th: A resolution commending Reverend William E. Flippin, Sr.; and for other purposes. SR 754. By Senator Stokes of the 43rd: A resolution commending Reverend John Davis Marshall; and for other purposes. SR 755. By Senator Burton of the 5th: A resolution observing July, 2000, as Disability Awareness Month and recognizing a distinguished Georgian for his pioneering efforts in the Disability Rights Movement; and for other purposes.

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SR 756. By Senators Burton of the 5th, Balfour of the 9th and Price of the 56th:

A resolution commending the Berkmar High School Patriots basketball team; and for other purposes.

Senator Smith of the 25th introduced Roy Womack, commended by SR 593, adopted previously.

Senator Stephens of the 51st introduced the doctor of the day, Dr. Paul LeBlanc.

The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR

Tuesday, March 14, 2000 Thirty-sixth Legislative Day

(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1575

Hill of the 4th

EFFINGHAM COUNTY

A bill to be entitled an Act to amend an Act entitled "An Act creating the State Court of Effingham County," approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved April 1, 1999 (Ga. L. 1999, p. 3621), so as to change the salaries of the judge and solicitor-general of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1539

Fort of the 39th Scott of the 36th Polak of the 42nd Thomas of the 10th James of the 35th Tate of the 38th Egan of the 40th

CITY OF ATLANTA

A bill to be entitled an Act to amend an Act entitled the "Atlanta Community Improvement District Act," approved April 4, 1991 (Ga. L. 1991, p. 3653), as amended, so as to change certain provisions relating to governmental services; to redefine a term; to change certain provisions relating to taxes; to repeal conflicting laws; and for other purposes.

HB 1271

Cagle of the 49th

HALL COUNTY

A bill to be entitled an Act to amend an Act providing a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over, approved April 6, 1998 (Ga. L. 1998, p. 4281), so as to increase the exemption amount to $30,000.00 of the assessed value of the homestead for such residents and

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increase the income limitation to $14,000.00; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1580

Hill of the 4th

CITY OF REIDSVILLE

A bill to be entitled an Act to amend an Act creating a new charter for the City of Reidsville, approved March 13, 1978 (Ga. L. 1978, p. 3273), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4388), and an Act approved March 19, 1987 (Ga. L. 1987, p. 4419), so as to provide that the mayor and councilmen shall be elected by a plurality of the voters voting in the respective elections for mayor and each member of the council; to repeal conflicting laws; and for other purposes.

HB 1648

Kemp of the 3rd

LIBERTY COUNTY

A bill to be entitled an Act to amend an Act creating the board of commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved February 10, 1986 (Ga. L. 1986, p. 3557), so as to provide for staggered terms for the chairperson and commissioners; to provide for related matters; to provide for the submission of this Act under the federal Voting Rights Act of 1965; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Balfour Blitch Y Bowen Y Broun Y Brown 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 Hamrick Y Harbison
Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the local bills, the yeas were 49, nays 0.

The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

Tuesday, March 14, 2000

1307

The following uncontested resolutions of the House, favorably reported by the committee as listed on the General Consent Calendar for Commemorative Resolutions, were put upon their adoption:

GENERAL CONSENT CALENDAR FOR
COMMEMORATIVE RESOLUTIONS

Tuesday, March 14, 2000 THIRTY-SIXTH LEGISLATIVE DAY

HR 436 "John A. Trask Highway"; designate (Trans-14th) James-140th

HR 840 Larry McClure Scenic Highway; designate (Trans-50th) Twiggs-8th

HR 881 Brett C. Dickey Bridge; designate (Trans-51st) Whitaker-7th

HR 882 B. Edward Tankersley Memorial Bridge; designate (Trans-24th) Jackson-112th

HR 884 "Robert C. Jones Memorial Highway"; designate (Trans-4th) Martin-145th

HR 897 "Paul Warwick, Jr., Memorial Highway"; designate (Trans-3rd) Scarlett-174th

HR 928 Marguerite Neel Williams Memorial Highway; designate (Trans-8th) Bulloch-180th

HR 1016 Claude Roscoe Nash Memorial Bridge; designate (Trans-19th) Coleman-142nd

HR 1045 Ralph Morgan Parkway; designate (Trans-54th) Hammontree-4th

HR 1046 Prater's Mill Parkway; designate (Trans-54th) Hammontree-4th

HR 1059 "James T. Williams Intersection"; designate (Trans-51st) Pinholster-15th

On the adoption of the resolutions on the General Consent Calendar for Commemorative Resolutions, a roll call was taken, and the vote was as follows:

Balfour Blitch Y Bowen Y Broun Y Brown Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Egan Y Fort Y Gillis Y Gingrey Y Golden Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen
Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

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On the adoption of the resolutions, the yeas were 48, nays 0.
The resolutions on the General Consent Calendar for Commemorative Resolutions, having received the requisite constitutional majority, were adopted.

SENATE RULES CALENDAR
Tuesday, March 14, 2000 THIRTY-SIXTH LEGISLATIVE DAY

HB 1245 Leaf tobacco; weight and weight tickets; tolerance (Ag-6th) Reaves-178th

HB 415 Agency; appointment of guardian of property; effect (Substitute) (Judy-22nd) Stuckey-67th

HB 271 Physicians; certain time period; minimum prescription quantity (Substitute)(H&HS-22nd) Grindley-35th

HB 1168 Domestic stock, mutual insurers, fraternal benefit societies; registration by Insurance Commissioner (I&L-8th) Squires-78th

HB 905 HB 20

Attempting to remove weapon from certain peace officers; prohibit (Judy-3rd) Barnes-97th Ad valorem tax; personal property exemption; certain tools (F&PU-34th) Snelling-99th

HB 1415 DeKalb County; homestead exemption; certain residents (F&PU-10th) Millar-59th

HB 1323 Athlete agents; registration; discipline; penalties; liability (S Judy-15th) Hugley-133rd

HB 1322 Official gardens and nature centers of Georgia; establish (Substitute) (Nat R-20th) Squires-78th
HB 1439 Annexation; comprehensive revision of provisions (SLGO-G-12th) Royal-164th

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 1245. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th and others:

A bill to be entitled an Act to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the weighing of leaf tobacco; to provide for weight tickets; to provide requirements for the sale of leaf tobacco; to provide for payments based on certain weights; to provide for adjusted settlements and the procedure and requirements related thereto; to provide for tolerances; to repeal conflicting laws; and for other purposes.

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:

Tuesday, March 14, 2000

1309

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Hamrick Y Harbison
Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable
Perdue Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 415. By Representatives Stuckey of the 67th, Sauder of the 29th, Walker of the 141st and others:

A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to agency, so as to clarify provisions relating to the effect of the appointment of a guardian of the property on a written power of attorney; to amend the statutory form for financial power of attorney and the explanation of such form for principals to clarify that appointment of a guardian of property terminates such agency; and for other purposes.

Senate Sponsor: Senator Walker of the 22nd. The Senate Judiciary Committee offered the following substitute to HB 415:

A BILL

To be entitled an Act to amend Part 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, so as to provide for a right of first refusal to purchase in favor of a franchisor if a dealer has entered into an agreement to transfer the dealership or its assets; to change certain provisions relating to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors and competing unfairly with new dealers; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Part 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, is amended by striking subparagraph (b)(4)(B) of Code Section 10-1-663, relating to advertising campaigns, changes in capital structure or ownership, manner of distribution, increased prices, discrimination, and unreasonable restrictions or changes, and inserting in lieu thereof the following:

"(B) By agreement or otherwise, a right of first refusal to purchase in favor of the franchisor if the dealer has entered into an agreement to transfer the dealership or its assets Reserved;"

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SECTION 2.
Said part is further amended by adding a new Code Section 10-1-663.1 to read as follows:
"10-1-663.1.
There shall be a right of first refusal to purchase in favor of the franchisor if the dealer has entered into an agreement to transfer the dealership or its assets, provided that all the following qualifications and requirements are met:
(1) The proposed transfer of the dealership or its assets is of more than 50 percent of the ownership or assets;
(2) The franchisor notifies the dealer in writing within 60 days of its receipt of the complete written proposal for the proposed sale or transfer on forms generally utilized by the franchisor for such purpose and containing the information required therein and all documents and agreements relating to the proposed sale or transfer;
(3) The exercise of the right of first refusal will result in the dealer and dealer's owners receiving the same or greater consideration as is provided in the documents and agreements submitted to the franchisor under paragraph (2) of this Code section;
(4) The proposed change of 50 percent or more of the ownership or of the dealership assets does not involve the transfer or sale of assets or the transfer or issuance of stock by the dealer or one or more dealer owners to a designated family member or members, including a spouse, child, grandchild, spouse of a child or grandchild, brother, sister, or parent of the dealer owner; to a manager who has been employed in the dealership for at least four years and is otherwise qualified as a dealer operator; or to a partnership or corporation owned and controlled by one or more of such persons;
(5) The franchisor agrees to pay the reasonable expenses, including reasonable attorney's fees, which do not exceed the usual customary, and reasonable fees charged for similar work done for other clients incurred by the proposed new owner and transferee before the franchisor's exercise of its right of first refusal in negotiating and implementing the contract for the proposed change of ownership or transfer of dealership assets. However, payment of such expenses and attorney's fees shall not be required if the dealer has not submitted or caused to be submitted an accounting of those expenses within 20 days after the dealer's receipt of the franchisor's written request for such an accounting. Such an accounting may be requested by the franchisor before exercising its right of first refusal; and
(6) The franchisor agrees to comply with and be subject to the requirements and restraints as set forth in paragraphs (1) and (2) of subsection (a) of Code Section 10-1-664.1 and in subsection (b) of Code Section 10-1-664.1."
SECTION 3.
Said part is further amended by striking subsection (d) of Code Section 10-1-664.1, relating to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors and competing unfairly with new dealers, which reads as follows:
"(d) This Code section and paragraph (16) of subsection (a) of Code Section 10-1-662 shall be repealed and shall be null and void and of no force and effect on and after April 1, 2002."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 42, 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:

Tuesday, March 14, 2000

1311

Y Balfour Y Blitch Y Bowen Y Broun Y Brown 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 Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Ladd Y Lamutt Y Land Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Burton of the 5th introduced the Berkmar High School Patriots basketball team, commended by SR 756, adopted previously.
The Calendar was resumed.

HB 271.

By Representatives Grindley of the 35th, Graves of the 125th, Childers of the 13th and Irvin of the 45th:

A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to physicians, physicians' assistants, and respiratory care, so as to provide for minimum prescription or refill supplies of certain medications during a certain period; and for other purposes.

Senate Sponsor: Senator Walker of the 22nd. The Senate Health and Human Services Committee offered the following substitute to HB 271:

A BILL

To be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for the licensing of mental health therapists and associate mental health therapists; to change the provisions relating to the short title, legislative purpose, and definitions; to change the provisions relating to the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, and standards committees thereof; to change the provisions prohibiting the unlicensed practice of specialties and the use of certain titles and change the exceptions to such prohibitions; to change the requirements for licensure and establish such requirements for mental health therapists and associate mental health therapists; to change the provisions regarding the use of certain titles by various business entities; to change the provisions regarding legislative construction; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.
Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," is amended by striking Code Section 43-10A-1, relating to the short title, and inserting in its place the following:
"43-10A-1.
This chapter shall be known and may be cited as the 'Professional Counselors, Social Workers, Mental Health Therapists, and Marriage and Family Therapists Licensing Law.'"
SECTION 2.
Said chapter is further amended by striking Code Section 43-10A-2, relating to legislative purpose, and inserting in its place the following:
"43-10A-2.
It is declared to be the purpose of the General Assembly that the activities of certain persons who utilize certain titles relating to or who practice mental health therapy, professional counseling, social work, and marriage and family therapy be regulated to ensure the protection of the health, safety, and welfare of the people of this state."
SECTION 3.
Said chapter is further amended by striking Code Section 43-10A-3, relating to definitions, and inserting in its place the following:
"43-10A-3.
As used in this chapter, the term:
(1) 'Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory, or on radio or television.
(2) 'Allied profession' means the practice of medicine, psychiatric nursing, psychology, or pastoral counseling.
(3) 'Board' means the Georgia Composite Board of Professional Counselors, Social Workers, Mental Health Therapists, and Marriage and Family Therapists established by this chapter.
(3.1) 'Commission on Rehabilitation Counselor Certification' means the national certifying agency for rehabilitation counselors as recognized by the National Commission for Certifying Agencies.
(4) 'Counseling' means those techniques used to help persons learn how to solve problems and make decisions related to personal growth, vocation, family, social, and other interpersonal concerns.
(5) 'Direction' means the ongoing administrative overseeing by an employer or superior of a specialty practitioner's work. The person providing direction shall be responsible for assuring the quality of the services rendered by that practitioner and shall ensure that qualified supervision or intervention occurs in situations which require expertise beyond that of the practitioner. Direction may be provided by any person acceptable to the standards committee for that specialty in which the practitioner is working.
(6) 'Fee' means money or anything of value, including but not limited to a salary, offered or received as compensation in return for rendering services in any specialty.

Tuesday, March 14, 2000

1313

(7) 'Joint-secretary' means the joint-secretary of the state examining boards. The joint-secretary shall serve as secretary to the board.
(8) 'Marriage and family therapy' means that specialty which evaluates and treats emotional and mental problems and conditions, whether cognitive, affective, or behavioral, resolves intrapersonal and interpersonal conflicts, and changes perception, attitudes, and behavior; all within the context of marital and family systems. Marriage and family therapy includes, without being limited to, individual, group, couple, sexual, family, and divorce therapy. Marriage and family therapy involves an applied understanding of the dynamics of marital and family systems, including individual psychodynamics, the use of assessment instruments that evaluate marital and family functioning, and the use of psychotherapy and counseling.
(8.1) 'Mental health therapist' means a person licensed to practice mental health therapy under this chapter.
(8.2) 'Mental health therapy' means the performance of that specialty which evaluates and treats persons with behavioral, affective, cognitive, and interpersonal problems or conditions, or seeks to prevent such problems or conditions, or seeks to enhance behavior and mental health. The means by which these are accomplished include, but are not limited to, applying empirically derived and validated psychological principles and procedures, using assessment instruments which the mental health therapist is qualified to employ by virtue of education and training, conducting interviews, utilizing individual or group techniques while engaging in psychotherapy, and utilization and interpretation of psychological research.
(9) 'Practice a specialty' or 'practice' means to offer to render for a fee or to render for a fee any service involving the application of principles, methods, or procedures of professional counseling, social work, mental health therapy, or marriage and family therapy.
(10) 'Professional counseling' means that specialty which utilizes counseling techniques based on principles, methods, and procedures of counseling that assist people in identifying and resolving personal, social, vocational, intrapersonal and interpersonal concerns; utilizes counseling and psychotherapy to evaluate and treat emotional and mental problems and conditions, whether cognitive, behavioral, or affective; administers and interprets educational and vocational assessment instruments and other tests which the professional counselor is qualified to employ by virtue of education, training, and experience; utilizes information and community resources for personal, social, or vocational development; utilizes individual and group techniques for facilitating problem solving, decision making, and behavior change; utilizes functional assessment and vocational planning and guidance for persons requesting assistance in adjustment to a disability or disabling condition; utilizes referral for persons who request counseling services; and utilizes and interprets counseling research.
(11) 'Psychotherapeutic techniques' means those specific techniques involving the in-depth exploration and treatment of interpersonal and intrapersonal dynamics but shall not include the performance of those activities exclusively reserved to any other business or profession by any other chapter of this title.
(12) 'Recognized educational institution' means any educational institution which grants a bachelor's, master's, specialist, or doctoral degree and which is recognized by an accrediting body acceptable to the board.
(13) 'Social work' means that specialty which helps individuals, marriages, families, couples, groups, or communities to enhance or restore their capacity for functioning: by assisting in the obtaining or improving of tangible social and health services; by providing psychosocial evaluations, in-depth analyses and determinations of the nature and status of emotional, cognitive, mental, behavioral, and interpersonal problems or conditions; and by counseling and psychotherapeutic techniques, casework, social work advocacy, psychotherapy, and treatment in a variety of settings which include but are not limited to mental and physical health facilities, child and family service agencies, or private practice.
(14) 'Specialty' means social work, marriage and family therapy, mental health therapy, or professional counseling, or any combination thereof.
(15) 'Supervision' means the direct clinical review, for the purpose of training or teaching, by a supervisor of a specialty practitioner's interaction with a client. It may include, without being limited to, the review of case

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presentations, audio tapes, video tapes, and direct observation in order to promote the development of the practitioner's clinical skills.
(16) 'Supervisor' means a person who meets the requirements established by the standards committee for that specialty which is being supervised and who is either licensed under this chapter or is a psychiatrist or a psychologist.
(17) 'The Commission on Accreditation for Marriage and Family Therapy Education' means the national accrediting agency for marriage and family therapy education as recognized by the United States Department of Education.
(18) 'The Council on Social Work Education' means the national accrediting agency for social work education as recognized by the United States Department of Education and the Council on Postsecondary Accreditation."
SECTION 4.
Said chapter is further amended by striking Code Section 43-10A-4, creating the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, and inserting in its place the following:
"43-10A-4.
(a) There is created the Georgia Composite Board of Professional Counselors, Social Workers, Mental Health Therapists, and Marriage and Family Therapists. The board shall consist of ten 13 members who have been residents of this state for at least 12 months prior to taking office. The ten 13 members shall be constituted as follows:
(1) Three members licensed in professional counseling, two of whom shall be designated at the time of their appointment to serve an initial term ending December 31, 1988, and one of whom shall be designated to serve an initial term ending December 31, 1987;
(2) Three members licensed as social workers, one of whom shall be designated at the time of appointment to serve an initial term ending December 31, 1988, the other two of whom shall be designated to serve an initial term ending December 31, 1987;
(3) Three members licensed as marriage and family therapists, two of whom shall be designated at the time of their appointment to serve an initial term ending December 31, 1987, and one of whom shall be designated to serve an initial term ending December 31, 1988; and
(3.1) Three members licensed as mental health therapists, two of whom shall be designated at the time of their appointment to serve an initial term ending December 31, 2000, and one of whom shall be designated to serve an initial term ending December 31, 2001; and
(4) One member who shall represent the public at large and have no professional connection with any specialty to serve an initial term ending December 31, 1988.
(b) All members of the board shall be appointed by the Governor, subject to confirmation by the Senate. Those members first appointed to the board under this chapter shall serve for initial terms of office beginning September 1, 1985, except that those first appointed as mental health therapists shall serve for initial terms of office beginning July 1, 1999. Those members of the board required to be licensed and who are first appointed to the board shall be persons who are practicing in the designated specialty at the time of appointment and who must be licensed therein as required within 12 months following their appointment.
(c) After the initial terms specified in subsection (a) of this Code section, members of the board shall take office on the first day of January immediately following the expired term of that office and shall serve for a term of three years and until the appointment and qualification of their respective successors. No member shall serve on the board more than two consecutive terms.

Tuesday, March 14, 2000

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(d) Members of the board may be removed by the Governor, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, or conviction of any felony.
(e) Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed and qualified.
(f) Any person appointed to the board when the Senate is not in regular session may serve on the board without Senate confirmation until the Senate acts upon that appointment."
SECTION 5.
Said chapter is further amended by striking subsection (a) of Code Section 43-10A-6, relating to standards committees, and inserting in its place the following:
"(a) Those members of the board from the professional counseling specialty, the social work specialty, the mental health therapy specialty, and the marriage and family therapy specialty shall constitute a separate standards committee for their respective specialty. Each standards committee by majority vote shall approve or disapprove the granting of all licenses in that specialty, approve the examination required of applicants for licensure in that committee's specialty and provide for the grading of that examination, and provide for other matters relating to licensure in that specialty."
SECTION 6.
Said chapter is further amended by striking subsection (a) of Code Section 43-10A-7, prohibiting unlicensed practice of specialties, and inserting in its place the following:
"(a) Except as otherwise provided in this chapter, a person who is not licensed under this chapter shall not practice professional counseling, social work, mental health therapy, or marriage and family therapy, nor advertise the performance of such practice, nor use the title 'professional counselor,' 'associate professional counselor,' 'social worker,' 'mental health therapist,' 'marriage and family therapist,' or 'associate marriage and family therapist,' nor use any words, letters, titles, or figures indicating or implying that the person is a professional counselor, associate professional counselor, social worker, mental health therapist, marriage and family therapist, or associate marriage and family therapist or is licensed under this chapter."
SECTION 7.
Said chapter is further amended by striking from said Code Section 43-10A-7 paragraphs (6), (16), and (17) of subsection (b) thereof and inserting in their place the following:
"(6) Persons who have obtained one of the graduate degrees required for licensure as a professional counselor, mental health therapist, or marriage and family therapist and who are practicing such specialty under supervision and direction in order to obtain the experience required for licensure;"
"(16) Any person engaged in the practice of professional counseling or mental health therapy as an employee or student peer counselor of the University System of Georgia or its educational units, the Department of Technical and Adult Education or its educational units, or of a public or private college or university within this state, but only when engaged in that practice as such an employee or student peer counselor and excepting the use of psychotherapeutic techniques to evaluate and treat emotional and mental illness, disorder, or dysfunction;
(17) Persons who engage in the practice of mental health therapy or professional counseling, excluding the use of psychotherapy, as employees of organizations which maintain, now or in the future, accreditation from the Commission on Accreditation of Rehabilitation Facilities or the national Accreditation Council for Agencies Serving the Blind and Visually Handicapped, but only when those persons are providing those services as employees of

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those organizations pursuant to contracts between such organizations and the state or a department, agency, county, municipality, or political subdivision of the state; and".
SECTION 8.
Said chapter is further amended by striking Code Section 43-10A-8, relating to eligibility for licensure, and inserting in its place the following:
"43-10A-8.
No person shall be eligible for licensure under this chapter unless such person furnishes satisfactory evidence to the board of all of the following:
(1) Having met the education, training, and experience requirements of Code Section 43-10A-11, 43-10A-12, or 4310A-13, or 43-10A-13.1 regarding that specialty for which a license is sought;
(2) Having successfully passed the examination established for that specialty under Code Section 43-10A-9, except that persons meeting the requirements of subparagraph (a)(2)(A) of Code Section 43-10A-13 or subsection (b) of Code Section 43-10A-13.1 shall not be required to pass such examination;
(3) Having paid any required license fee; and
(4) Having furnished at least two personal references from supervisors, teachers, or any combination thereof."
SECTION 9.
Said chapter is further amended by adding after Code Section 43-10A-13 a new Code section to read as follows:
"43-10A-13.1.
(a) The education, experience, and training requirements for licensure as a mental health therapist are as follows:
(1) For licensure, a master's degree in psychology from a recognized educational institution which includes a supervised internship or practicum as part of the degree program, and four years of post-master's directed experience under supervision in a setting acceptable to the board. Up to one year of such experience may have been in an approved supervised internship or practicum as part of the degree program; and
(2) For associate licensure, a master's degree in psychology from a recognized educational institution which includes a supervised internship or practicum as part of the degree program and registration with the board of an acceptable contract for obtaining the post-master's experience under the direction and supervision required for licensure.
(b) Prior to July 1, 2000, the board may grant a mental health therapist license to any person licensed under this chapter in professional counseling or marriage and family therapy without such person's passing any licensing examination provided that person:
(1) Has earned a master's degree in psychology from a recognized educational institution;
(2) Has earned a minimum of 600 hours per year over four years of directed experience with no more than one year earned in a practicum or internship; and
(3) Has earned 30 hours of supervision per year over four years of directed experience with no more than 30 hours earned during a practicum or internship.
(c) Persons having an associate license as a mental health therapist may only use the title 'associate mental health therapist' and may practice mental health therapy only under direction and supervision and only for a period not to

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exceed five years while obtaining the post-master's experience required for being licensed as a mental health therapist."
SECTION 10.
Said chapter is further amended by striking subsection (a) of Code Section 43-10A-21, restricting use of terms in business names, and inserting in its place the following:
"(a) No corporation, partnership, association, or other business entity may use in its corporate, partnership, association, or business name any term or title restricted under subsection (a) of Code Section 43-10A-7 or the term 'professional counseling,' 'social work,' 'mental health therapist,' or 'marriage and family therapy,' or any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty regulated under this chapter, unless each person practicing a specialty in that entity, except those persons exempt under paragraph (1), (4), (5), (6), (11), (13), or (14) of subsection (b) of Code Section 43-10A7, is licensed under this chapter."
SECTION 11.
This Act shall become effective on July 1, 2000.
SECTION 12.
All laws and parts of laws in conflict with this Act are repealed.
Senator Egan of the 40th asked for a ruling of the Chair as to the germaneness of the substitute.
The President ruled the substitute germane.
Senators Walker of the 22nd and Starr of the 44th offered the following amendment:
Amend the Senate Health and Human Services Committee substitute to HB 271 by inserting "to provide for an exception for the practice of hypnotism;" following the semicolon on line 13 of page 1.
By redesignating Sections 8 through 12 as Sections 9 through 13, respectively.
By inserting between lines 5 and 6 of page 9 the following:
"SECTION 8.
Said chapter is further amended by adding at the end of Code Section 43-10A-7, relating to exceptions, a new subsection (f) to read as follows:
'(f) Nothing in this chapter shall be construed to prevent a person from practicing hypnotism without a license issued under this Act provided that the person(1) does not otherwise engage in the practice of professional counseling, social work, mental health therapy, or marriage and family therapy, including, but not limited to, the independent evaluation, classification, and treatment of mental, emotional, behavioral, or nervous disorders or conditions, developmental disabilities, alcoholism and substance abuse, disorders of habit or conduct, and the psychological aspects of physical illness; (2) does not otherwise engage in the practice of medicine including, but not limited to, the diagnosis or treatment of physical or mental ailments or conditions; and (3) does not hold himself or herself out to the public by a title or description stating or implying that the individual is a professional counselor, social worker, mental health therapist, or marriage and family therapist.'"
Senator Crotts of the 17th offered the following amendment:
Amend HB 271 on page 2, line 26, after the word psychology, strike the words "or pastoral" counseling.

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Senator Thomas of the 10th moved that HB 271 be placed on the Table.

On the motion, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch N Bowen
Broun Brown N Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan Fort N Gillis Y Gingrey N Golden Y Guhl

Y Hamrick N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land
Lee N M V Bremen N Madden N Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D Y Thomas,N N Thomas,R N Thompson N Walker Y Williams

On the motion, the yeas were 24, nays 28; the motion lost, and HB 271 was not placed on the Table.

Senator Crotts of the 17th asked unanimous consent that HB 271 be dropped to the foot of the Calendar.

Senator Walker of the 22nd objected.

On the motion, the President ordered a roll call, and the vote was as follows:

Y Balfour Blitch
N Bowen Broun Brown
N Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean
Egan Fort N Gillis Y Gingrey N Golden Guhl

Y Hamrick N Harbison Y Hecht N Hill N Hooks N Huggins N Jackson N James
Johnson,E N Kemp Y Ladd Y Lamutt Y Land
Lee N M V Bremen N Madden N Marable Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray Y Scott N Smith N Starr Y Stephens N Stokes N Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N N Thomas,R N Thompson Y Walker Y Williams

On the motion, the yeas were 22, nays 25; the motion lost, and HB 271 was not dropped to the foot of the Calendar.

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Senator Walker of the 22nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Crotts of the 17th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Walker of the 22nd moved the previous question.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

N Balfour Y Blitch Y Bowen
Broun Brown Y Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Fort Y Gillis N Gingrey Y Golden N Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt N Land
Lee Y M V Bremen Y Madden Y Marable N Perdue N Polak

N Price,R N Price,T N Ragan N Ray N Scott Y Smith Y Starr N Stephens Y Stokes Y Streat
Tanksley Y Tate N Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the adoption of the substitute, the yeas were 27, nays 24, 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:

N Balfour Y Blitch Y Bowen
Broun Brown Y Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Fort Y Gillis N Gingrey Y Golden N Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt N Land
Lee Y M V Bremen Y Madden Y Marable N Perdue N Polak

N Price,R N Price,T N Ragan N Ray N Scott Y Smith Y Starr N Stephens Y Stokes Y Streat
Tanksley Y Tate N Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

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On the passage of the bill, the yeas were 27, nays 24.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Walker of the 22nd gave notice, that at the proper time, he would move that the Senate reconsider its action in defeating HB 271.

HB 1168. By Representative Squires of the 78th:

A bill to be entitled an Act to amend Chapters 14 and 15 of Title 33 of the Official Code of Georgia Annotated, relating respectively to domestic stock and mutual insurers and to fraternal benefit societies, so as to assign certain duties formerly assigned to the Secretary of State to the Commissioner of Insurance; to provide for filing with the Commissioner of Insurance applications for charters, amendments to charters, and applications for voluntary dissolution and surrender of charters; to relieve the Secretary of State of the duty of keeping a book for the purposes of charter applications, amendments to charters, and certificates dissolving insurers; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Golden of the 8th.

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 Y Brown 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 Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Cable of the 27th introduced representatives from Nu-Way Weiners, Inc., commended by SR 609, adopted previously.

The Calendar was resumed.

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HB 905. By Representatives Barnes of the 97th, Benefield of the 96th, Walker of the 141st and others:

A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to make it unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if the other person is lawfully acting within the course and scope of employment and the person has knowledge or reason to know that the other person is employed as a peace officer, correctional officer, probation officer, parole supervisor, or juvenile correctional officer; and for other purposes.

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 Y Brown
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 Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R 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.

The following bill was taken up to consider House action thereto: SB 389. By Senator Gillis of the 20th:

A bill to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to provide that persons 14 and 15 years of age may operate any type of vessel in the waters of the state under certain conditions; to change certain provisions relating to muffling internal combustion engines on vessels; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL

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To be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to provide that persons 14 and 15 years of age may operate any type of vessel in the waters of the state under certain conditions; to change certain provisions relating to muffling internal combustion engines on vessels; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, is amended by striking in its entirety subsection (b) of Code Section 52-7-8.3, relating to the operation and identification of watercraft and the operation of watercraft by minors, and inserting in lieu thereof the following:
"(b) A person age 14 or 15 may operate a vessel other than a personal operate:
(1) A personal watercraft or nonmotorized Class A vessel on any of the waters of this state in compliance with Code Section 52-7-8.2, the provisions of this article; and
(2) Any such person may operate any other vessel if such person:
(1)(A) Is accompanied by an adult age 18 or over who is authorized to operate such vessel under the provisions of subsection (a) of this Code section;
(2)(B) Has completed a safe boating course approved by the department; or
(C) Is is under direct supervision by an adult age 18 or over; or
(3) Is operating a Class A vessel utilizing mechanical means of propulsion of ten horsepower or less and has completed a safe boating course approved by the department."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 52-7-10, relating to exhausts required to be muffled and noise level testing, and inserting in lieu thereof the following:
"52-7-10.
(a) The exhaust of every internal combustion engine used on any vessel, excluding those vessels documented by the United States Coast Guard and licensed pursuant to Code Section 27-2-8, shall be muffled or baffled and water injected, except those engines that exhaust through the lower unit or outdrive when the vessel is on plane, so as to decrease noise. so that the noise level does not exceed 84 decibels measured at a distance of 50 feet. The use of cutouts or exhaust stacks is prohibited, except as authorized by permit issued for vessels Vessels competing in regattas or boat races approved as provided in under the provisions of Code Section 52-7-19 may be exempt from such provisions.
(b) The operator of any vessel, when requested to do so by any law enforcement officer authorized to enforce this title, shall submit the vessel to a noise level test."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 389.
On the motion, the President ordered a roll call, and the vote was as follows:

Tuesday, March 14, 2000

1323

Y Balfour Y Blitch Y Bowen Y Broun
Brown Y Brush N 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 Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T
Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 389.

Senator Brown of the 26th introduced the Class A Basketball Team Champions of Wilkinson County, commended by SR 747, adopted previously.

The Calendar was resumed.

HB 20.

By Representatives Snelling of the 99th, Day of the 153rd, Graves of the 125th, Ashe of the 46th and Scarlett of the 174th:

A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemption of property from ad valorem taxation, so as to increase the amount of the personal property exemption with respect to tools and implements of trade of manual laborers; and for other purposes.

Senate Sponsor: Senator Hecht of the 34th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

The Honorable Bob Snelling State Representative Legislative Office Building, Room 604 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 20 (LC 18 9075)

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Dear Representative Snelling:

This Bill would allow voters to approve or reject in the November, 2000 general election an exemption from ad valorem taxation of up to $2,500 for tools and implements owned by manual laborers resident in Georgia. Currently, $300 of the actual value of such tools and implements is exempted for every worker. If the Bill were passed and the voters did approve the provision, the $2,500 exemption would become effective on January 1, 2001.

The extent to which taxing districts currently exempt tools and implements is not determinable from property tax records. Accordingly, an analytical model has had to be constructed to gauge the impact of a $2,500 exemption. This model allowed the annual level of retail sales of hand tools in the United States (SIC 342 Excluding Cutlery) to be divided between manual laborers and consumers generally. Assuming tool life to be eight years, shipments to manual workers were first discounted using straight-line depreciation and then accumulated to get a dollar stock of tools per worker. Using distributions of ownership of household appliances as a guide, this average was translated into a dollar range and truncated at an upper bound of $2,500. This per-worker tool inventory was applied to the number of manual laborers in Georgia to yield a statewide value. Forty percent of this value was taken to be taxable (the $300 current exemption having first been excluded) at an assumed rate of 30 mills. The model was built upon a 1982-1996 reference period. To get the impact on property taxes in 2001, inflation in tool purchases and growth in the numbers of manual workers for 1996-2001 were estimated. Then, tool stocks were projected and again weighted by a 30-mill rate.

The Bill would reduce property tax revenues of local governments in 2001 by between $1.5 and $1.8 million provided that tools above the $300 value are currently being taxed. In the immediately following years, the revenue loss would rise at roughly 3 percent per year.

Sincerely,

/s/ Claude L. Vickers State Auditor

/s/ Tim Burgess, Director Office of Planning and Budget

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 Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R

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Y Gillis Y Gingrey Y Golden Y Guhl

Y Madden Y Marable Y Perdue Y Polak

Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1415. By Representatives Millar of the 59th, Watson of the 70th, Maddox of the 72nd and others:

A bill to be entitled an Act to amend an Act providing for a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase-in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00, approved May 4, 1992 (Ga. L. 1992, p. 6845), so as to eliminate the income limitation; to authorize senior citizens who are 65 years of age or older to qualify for such exemption; to specify the terms, conditions, and procedures relative to the exemptions; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Thomas of the 10th.
Senator Thomas of the 10th asked unanimous consent that HB 1415 be committed to the Senate State and Local Governmental Operations Committee. The consent was granted.

HB 1323. By Representatives Hugley of the 133rd, Hudson of the 156th, Murphy of the 18th and others:

A bill to be entitled an Act to amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the profession of athlete agents, so as to provide for additional grounds for refusing to register or for disciplining an athlete agent, including prohibited contacts with an athlete, accepting as a client an athlete referred by an employee of an institution of higher education in exchange for consideration, offering anything of value to induce an athlete to enter into an agent contract, or postdating an agent contract; to change the provisions relating to criminal penalties; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Harbison of the 15th.

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
Brown Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen

Y Price,R Price,T
Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R

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Y Gillis Y Gingrey
Golden Y Guhl

Y Madden Y Marable Y Perdue Y Polak

Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1322. By Representatives Squires of the 78th and Unterman of the 84th:

A bill to be entitled an Act to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, memorials, recreation areas, and other similar facilities, so as to establish the official gardens and nature centers of Georgia; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Gillis of the 20th.

The Senate Natural Resources Committee offered the following substitute to HB 1322: A BILL

To be entitled an Act to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, memorials, recreation areas, and other similar facilities, so as to establish the official gardens and nature centers of Georgia; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, memorials, recreation areas, and other similar facilities, is amended by adding at the end thereof a new Article 10 to read as follows:

12-3-640.

"ARTICLE 10

In recognition of the many beautiful and outstanding gardens and nature centers of the State of Georgia, the following gardens and nature centers and such others as may hereafter be designated by resolution of the General Assembly are designated as the official gardens and nature centers of Georgia: Atlanta Botanical Gardens in Fulton County, Barnsley Garden in Bartow County, Bullock Hall in Fulton County, Brumby Hall and Gardens in Cobb County, Callaway Gardens in Harris County, Chateau Elan in Barrow County, Chattahoochee Nature Center in Fulton County, Fernbank Forest in DeKalb County, Governor's Mansion in Fulton County, Lanier Museum of Natural History in Gwinnett County, Massee Lane Gardens of the American Camellia Society in Peach County, Rock City Gardens in Walker County, Rosalyn Carter Rose Garden at the Carter Center in Fulton County, Stone Mountain Park in Gwinnett and DeKalb counties, Vines Botanical Gardens in Gwinnett County, William H. Reynolds Memorial Nature Reserve in Clayton County, Thomasville Rose Garden in Thomasville, Birdsong Nature Center in Thomasville, Providence Canyon State Conversation Park in Lumpkin County, Florence Marina State Park in Omaha, Oxbow Meadows Environmental Learning Center in Columbus, Columbus Riverwalk in Columbus, Founder's Park in Columbus, Columbus Museum Gardens in Columbus, LaGrange Square in LaGrange, Oak Grove Plantation and Gardens in Newnan, Pine Mountain Trail and FDR State Park nature trail in Pine Mountain, Grandmother's Garden and Pathways of Gold Park in Sharpsburg, Sprewell Bluff State Park in Thomaston, Georgia Veterans Memorial State Park in Cordele, Chatham County Garden Center and Botanical Gardens in Savannah, Bamboo Farm & Coastal Gardens in Savannah, LeConte Woodmanston National Historic Place in Midway, AthensArea Gardens in Athens, Athens Welcome Center Garden in Athens, Founder's Memorial Garden in Athens, State Botanical Garden of Georgia in Athens, Fred Hamilton Rhododendron Garden in Hiawassee, Cecil B. Day Butterfly Center in Harris County, and Elachee Nature Science Center in Gainesville. The Department of Industry, Trade, and

Tuesday, March 14, 2000

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Tourism and other public agencies and leaders in this state are encouraged to work together to maximize advertising and other programs which will permit the citizens of this state and other states and nations to learn of the beautiful gardens and nature centers of Georgia."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by 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 Y Brown
Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1439. By Representatives Royal of the 164th, Jamieson of the 22nd, Walker of the 141st and others:

A bill to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to provide for comprehensive regulation of maps, surveys, and reports with respect to annexed areas; to provide for procedures; to change certain provisions regarding prohibitions with respect to the creation of unincorporated islands; to change certain provisions regarding notice of proposed annexations; to repeal certain restrictions regarding annexation of unincorporated islands; to change the definition of contiguous area with respect to the 100 percent method of annexation; to repeal conflicting laws; and for other purposes.

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:

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Y Balfour Blitch
Y Bowen Y Broun Y Brown 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

N Hamrick Y Harbison N Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable N Perdue
Polak

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 47, nays 4.

The bill, having received the requisite constitutional majority, was passed.

Senator Dean of the 31st moved that the Senate adjourn until 9:00 a.m. tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 12:20 p.m.